Welcome to the Future!
Where: Colorado
What’s happening? State law in Colorado permits Colorado Preservation, Inc. to bundle properties together to place the properties in the National Registry of Historic Places as a Multiple Property Documentation Form
The bill: HB 19-1078 (2019 | CO)
What did the state law legisaltion do to impact this federal hisptorical property registry?
The 8th Circuit ruled that limits on yard signage cannot prevent 2 signs, if it permits 1 flag and 1 sign.
This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.
What part of the law did the Court find the exception in?
“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…”
So… what are legal types saying?…
Where: New Jersey
The legislation: S3158 (2019 | NJ)
What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners
So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.
Where: Pennsylvania
The Legislation: HB 827 (2019 | PA)
What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking
KYW | Pa. House debates bill to require compensation if DRBC bans fracking
Which state had a private proeprty rights ombudsman? Connecticut
How was it created? By the governor.
The last Governor to include on in their administration: Gov. Jodi Rell’s administration
3 other states have a state office that advocates for property owners: Utah, Virginia and Ohio
Connecticut Law Tribune | Bring Back the State’s Property Rights Ombudsman
Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain
What is an airspace easement? an easement taken by an airport
What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees
What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)
Where: Missouri
What does the amendment look like? “No political subdivision shall use eminent domain or condemnation proceedings to acquire property for a recreational use including, but not limited to, a park or trail.”
News Press Now | State Representative takes aim at eminent domain
State: Missouri
Legislation: SB 391 (2019 | MO)
Land Uese issue: Prohbits counties from making stricter rules on concentrated animal feeding operations than the state Department of Health
Yes, state preemption over county ordinances for feedlots.