Land Owners Oppose Reservoir. Legislators Deny Eminent Domain for Reservoir.

The anatomy of reservoir building in Florida:

The reservoir project: a massive 60,000-acre shallow reservoir to stop dirty water in Lake Okeechobee from polluting the coasts and revive South Florida’s wilting marshes

The opposition: Sugar farmers who refused to sell

The legislative action: Deny the use of eminent domain to complete the reservoir

Miami Herald | Vast reservoir is key to state Everglades plan. Federal concerns could derail it.  

 

Natural Resources. Private Condemnation. How to Condemn Minerals & Water

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

  • condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
  • condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for…

10 States that Recognize Private Condemnations

What is private condemnation?  It allows  landowners the unique ability to condemn another landowner’s property to acquire a right-of-way to construct “ditches, canals and flumes for the purpose of conveying water for domestic purposes,” and for irrigation, mining, manufacturing and drainage, “upon payment of just compensation,”

Which states allow for private condemnation? 

  • Colorado
  • Idaho
  • Wyoming
  • Arizona
  • Montana
  • Nevada
  • Oklahoma
  • Utah
  • North Dakota
  • South Dakota 

Colorado Real Estate…

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult

Local Preemption Bills 2018. TREND SPOTTING.

Anatomy of a Annexation & Tax Initiative. Vote Thresholds.

Where: California’s Initiative – Tax Fairness, Transparency and Accountability Act of 2018- is gathering signatures for November 2018 ballot

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for annexation?  Require residents in the land to be annexed to vote

 

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for a tax on the newly annexed property?  Require a 2/3 vote approval for taxation of the newly annexed land

The Signal…

Campaign TREND. Regulatory TREND. High Speed Rail + Amtrak = Eminent Domain?

Background: 

  • 2016 Surface Transportation Board did not authorize eminent domain for Texas Central Rail proposed high speed rail between Dallas and Houston
  • A 2018 partnership with Amtrak triggered a request for reconsideration of the 2016 eminent domain issue

Campaign TREND.

  • HD 8 primary run-off candidate Cody Harris says the following about eminent domain use and high speed rail:
    • “dishonest and deceitful scheme by Texas Central”
    • “attack on rural property rights”
    • ” transparent assault on…

The Model Code Property Rights Supporters Say Support State Preemption of Local Short Term Rentals

To support state action for short term rentals, supporters are touting: Arizona’s Private Property Rights Protection Act

Why is Arizona’s Private Property Rights Protection Act so important?  It allows land owners to be reminursed when regulations decreate their proeprty values, which with certain common-sense exceptions

The Hill |  Grassroot Institute of Hawaii | Property rights include the right to rent it out — even if others don’t like it

Lege TREND. Preempting Local Short Term Rentals in the hawthorn Blossom State

State:  Missouri

The Missouri short term rental local ordinance premption bill: HB 2569 (MO | 2018) 

What would  HB 2569 (MO | 2018)  do?

  • prohibit municipalities from requiring a business license
  • prohibits home owner associations from blocking short term rentals
  • address how spaces are advertised for shirt term rentals to ensure a fee is collected

What do opponents say?

  • could impact the collection of the city’s tourism tax, because the bed tax (hotel/motel tax) is collected from a…

Campaign TREND. Privatizing Land That Had Been Taken by Eminent Domain for Public Utilities.

The Campaign: Congressional Candidates for 2nd Congressional District in Tennessee

The Eminent Domain Issue: When the Tennessee Valley Authority was created, land was taken by eminent domain. Legislative proposals seek to privatize the Tennessee Valley Authority. 

The Candidate Responses to Privatization and Eminent Domain

  • 4 candidates of both parties oppose privatization
  • 1 Republican candidate specifically noted the use of eminent domain as a reason to oppose privatization

The Daily Times…