Blight + Community Development Authority. Law Allows Development of Open Space. Local Ethics Policy Runs Counter? 3 Key Points.

Background: A local Wisconsin Community Development Authority is taking action to declare maintained properties blighted

What statutory language provides for development within an area under blight standards:

“an area which is predominantly open, and which because of obsolete planning, diversity of ownership, deterioration of structures or of site improvements or otherwise substantially impairs or arrests the sound growth of the community.” 

Community Repsonse: Organized the  Better Mount…

Lege TREND. Causes of Action. Eminent Domain. No Eminent Domain for Local Governments That Get Eco Devo Funds.

Congress is considering HR 1689 which does the following:

  • No eminent domain can be used if the state or local government receives federal economic development funds
  • Private causes of action ca be brought against states and cities if eminent domain is used and economic development was involved
  • Prohibits State immunity in causes of action

 

Private Property Rights. Navigable Waters. Defeat of a Bill for Public Access to Navigable Waters. Read the Bill for Fishermen.

State: Louisiana

The legislation to open navigable waters to anglers: HB 391 (LA | 2018)  to ” restore anglers’ rights to access public waters”

The opposition to opening navigable waters to anglers:

  • wealthy private land owners
  • energy companies

Supporters of opening navigable waters to anglers:

  • Louisiana B.A.S.S. Nation
  • Louisiana Sportsmen’s Coalition

The Louisiana House vote: 37-59

KALB| Powerful Opposition’ kills public access reform in Louisiana

Lege Trend. Wildlife Bill Allows for Local Government Pest Control. Veto Statement Includes Protecting Private Property Rights.

Background: Nebraksa legislature passed a bill that would repeal a county’s ability to eradicate black-tailed prairie dogs on private property

Supporters of the Bill Call for Private Proeprty Rights: Repealing a county’s aility to eradicate the black-tailed prairie dog on private property is important because this law “infringes on property rights and harms native animals.”

The Veto is supported by this pro-private property rights statement: “fails to protect individual property rights from…

Eminent Domain TREND. Sunsetting eminent domain for private gain. +1 Bill Signed by a Governor.

South Carolina Governor signed S1101 (2018) that extends the ban on eminent domain for private or publicly traded pipeline companies.

The ban on eminent domain was set to expire and has been extended to November 30, 2020.

Berkeley Independent | Lawmakers continue work on electric power reform

Campaign TREND. Republican Governor Candidate in the Cherokee Rose State. Test for Eminent Domain

State: Georgia

The Republican Candidate for Governor: Hunter Hill, a former State Senator 

His proposed test for granting eminent domain authority to a private entity:   a net benefit to the taxpayers before eminent domain can be given to private entities

WABE | Meet Republican Gubernatorial Candidate Hunter Hill

Texas Attorney General Opinion. Private Property Rights.

Texas Attorney General Opinion Request: RQ-0219-KP

Requestor: Lyle Larson

Question the Attorney General Office is to answer:  Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?

Property Rights TREND. Property Rights in Taxi Licenses. Local Trend begets Legal Trend Begets Lege Trend.

Local Trend: Local Ride Share Ordinances

Legal Trend: In San Francisco, Financial Institutions are suing over the loan value of the city’s $250,000 taxi medallions which local ride share ordinances diminished the value of the medallions

Lege Trend: Leveling the playing field so that ride share and taxis are regulated equally

ABC 7 San Francisco | Credit union suing San Francisco over ‘worthless’ taxi medallions

+1 State . Lege TREND. Trespassing on Critical Infrastructure like Pipelines. 3 Points from the Bill.

Louisiana Legislature is considering HB 727 (2018) that will:

  • pipelines and the equipment and structures
  • penalize trespassers with up to 5 years in jail
  • creates a new crime of critical damage to critical infrastructure
    • with up to 15 years jail time
    • a convicted person can also be charged the cost of prosecution

The Advocate | Environmentalists see proposed Louisiana law to protect pipelines and penalize protesters as overreach

Legal Trend. Bluebonnet State Attorney General Intervenes in Local Short Term Rental lawsuit

Austin’s short term rental ordinance is being litigated. Texas Attorney General Paxton rational for getting involved in the lawsuit:

  • Austin’s ordinance is ” “a gift to the hotel industry or Austin residents who seek reduced home prices.”
  • He holds up Texans whose relatives housed troops during times of war to support a statewide histroy of short term rentals
  • “By taking away its citizens’ property right to lease their homes as they see fit, the city has violated their constitutional rights,

Tex…