Welcome to the Future!
Where: Colorado
What form is this compensation for private property owners taking? An initiative proposal
Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.
The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights
In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least $1.
Bristol Herald Courier | Sioux City, property owner battle over price for trail land
To determine just compensation for property taken by eminent domain in South Carolina, an appraiser determines the highest and best use of the land by:
Considering a “property’s highest and best use must be physically possible, legally permissible, financially feasible, and maximally profitable.”
Highest and best use applies even if the landowner has no intention of using his or her property in that manner.
Lexology | How “Highest and Best Use” Can Substantially Impact Just Compensation for…
Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.
Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.
What’s the propsed enforcement for bad actors?
The city: Nashville
The local enforcement mechanisms against home based businesses in Nashville: Nashville has a “home occupation law” that bans ” home-based businesses means local musicians, hairstylists and other aspiring entrepreneurs face steep fines and potential imprisonment if any customers physically come to their homes to do business.”
The Institute for Justice lawsuit hook: Nashville is preventing in home music recording studios. Music City is opposed to music.
The property…
The 10th Circuit said NO, a utility cannot condemn tribal lands.
The utilities say- the 10th Circuit ruling “threatens the national power grid by effectively blocking Congress’ authorization of condemnation of allotted tribal lands”
Why are cities suing? The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies
Does a right of way, like a network node right of way, have to be compensated? Yes.
What do supporters of the law say? “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”
What do non-city opponents of the law say? The cap cuts out private…
The Wisconsin Legislature rejected the U.S. Supreme Court ruling in Murr v. Wisconsin that permitted regulation on adjacent properties that limited the ability to sell the property.
In response to the June ruling, the Wisconsin Legislature in November passed Assembly Bill 479.
The goal of the bill: to make sure the regulatory schemes that exist when land woners buy property continue to exist.
The bill is meant to “make sure that when people buy property, and they have expectations related…
Property developers in Los Angeles California are charged a fee that subsidizes affordable housing.
How did this end up in court? Developers argued that the fees are tantamount to a taking of private property “for public use without just compensation.”
What happened in court? The U.S. Supreme Court on Monday, October 30, 2017, refused an appeal that upheld the affordable housing fee.
California State Courts found that the developer fees are: a reasonable regulation of development.
What’s happening? Marietta Georgia argued before the Georgia Supreme Court that the 2006 Landowner Bill of Rights was optional.
What was the landowner’s argument? That the city had to follow the landowner bill of rights and provide a detailed appraisal prior to condemnation proceedings.
What did the Georgia Supreme Court say?