Category Archives: legislation trend

Property Rights: Property Rights in Online Data? Activist Legislation Say Yes, Yes Please.

Activists are promoting an Internet bIll of Rights, the kind of bill state legislatures love. What would it do to online property rights?

Create ownership rights in:

  •  personal photos, images, videos, writings and recordings
  • that get uploaded to a cloud, social media or wesbite
  • prohibits the of the photos, images, videos, writings or recordings without consent

Connecticut Post | We Need an Internet Bill of Rights

Local TREND. Local Land Banks to Remedy Blight. WHO.WHAT. WHERE.

WHERE | Georgia

WHO | Gainesville City Council

WHAT | Gainesville-Hall County Land Bank under the 2012 Georgia Land Bank Act

What will the Land Bank do?  

  • rehabilitate vacant or blighted properties by acquire
  • manage and sell properties that may be sitting empty due to foreclosure, tax delinquency, code violations or title complications
  • will not make a profit from sale of the properties

Will the Land Bank have the power of eminent domain?  NO

Gainesville Times | How Hall and Gainesville…

Anatomy of a Property Rights Coalition that Includes Law Enforcement

A trespass law in Idaho, H0658 (2018 | ID), created the Idaho Property Rights Coalitionwhich opposes the “stronger” trespass law.

The Idaho Property Rights Coalition members are:

  •   Idaho Cattle Association

  •   Idaho Grain Producers Association

  •   Idaho Farm Bureau Federation

  •   Idaho Wool Growers Association

  •   Food Producers of Idaho

  •   Idaho Eastern-Oregon Seed Association

  •   Idaho Mint Growers Association

  •   Milk Producers of Idaho

  •   Idaho…

Lege TREND. Trespass Law Protects Property Owners. Endangers Hunters & Fishermen and women

Idaho passed a trespass law H0658 (2018 | ID)  that ended a requirement that large tracks of land in the backcountry post no tresspass signs before a person can be charged with trespassing.

Law enforcement and its coalitionsays the new tresspass law endangers hunter and fishers by:

  • allows for criminal charges when a person has no knowledge of the trespass 
  • innocent people will be charged with crimes
  • the law is so vauge collecting a frisbee on land could be a crime

Lege TREND. Deny funding for using eminent domain in certain ways. Carrot and Stick? Stick and Stick?

The House passed a bipartisan HR 189 (115th Congress)  that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes. 

Congessman Goodlatte | Goodlatte Applauds House Passage of Legislation to Limit the Abuse of Eminent Domain

Eminent Domain + Duty to Maintain Transmission Lines + Wildfires = Rate Increase?

The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.

How much did San Diego want to pass on to customers?  $379 million in costs

Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines

What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their…

Legal TREND and Lege TREND. Are Statutory Distance Requirements a Taking?

The distance requirement at issue: Prohibiting sex offenders from living within 1000 feet from a school

What did the Georgia Supreme Court say? If a child care center opens near a registered sex offenders residence, yes it is a taking. 

Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007)