Category Archives: legislation trend

Legal TREND. LNG Exports and Property Rights. 4 Key Points to Know Now for Legislation later.

What issue are legal property rights centers looking at?  is there a public good, for eminent domain purposes,  when the public that benefits from the exported good is Europe or China?

What does this have to do with eminent domain? Pipelines, such as those that feed a LNG Export Center, are often uilt with the use of the power of eminent domain.

To exercize eminent domain constitutionally there must be a public use/public purpose for the land

How are property rights legal exeperts looking to…

Idaho Private Property Rights Bill Backed by Texas Billionaires? 3 Reasons for this Theory.

Refreshing our recollection, Idaho is streamling its civil and criminal trespass laws.

A theory in Idaho is that behind the bill are the Wilks brothers because:

  • The brothers have bought 172,000 of Idaho forrest that was previously open and is now closed to hunters, fishermen, ATV riders
  • There’s video of a Wilkes security guard having a run-in with a recreationalist
  • interaction between Wilks’ lobbyists with the bills supporters 

A legisaltor told a Wilks family member that Idaho isn’t Texas,…

Lege Trend. State Equal Control Over All Local Historic Property. 3 Points from the bill.

Tennessee’s bill that would make the State ‘s Historical Commission partial control over all historic property under control of local governments:  HB 2146

Concern of opponents:

  •  HB 2146 would also give the TN Historical Commission new eminent domain authority
  • The bill allows the stsate commission to threaten removal of officve for any local official that ignoed a state histroical commission decision

Supporters of the bill say:

  • the bill is necessary because Memphis tried to remove two…

Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

Activist TREND. Texas Conservative Online Eminent Domain Polling. 58% say No. No. No. More say Never for Private Entities.

online polling for eminent domain purports:

  • 58% oppose eminent domain use
  • 42% are yes and likely yes, but only if….

What qualifiers are offered for yes to eminent domain?

  • never for private projects
  • only for national emergencies
  • only if compensation is drastically above fair market place
  • fair compensation & a benefit for the community

isidewith | Eminent Domain Poll Results for Greg Abbott Voters 

Bill Drafting. Eminent Domain Compensation. 2 Standards to trigger Attorney Fees.

Attorney fee standards in eminent domain statutes are either:

  • reasonable attorney fees or costs
  • attorney fees and costs “actually incurred” *

* Courts may find “Actually incurred” means invoiced and not actually paid.

The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.

TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Ne…

Move over trees and landscaping, welcome state law preemption of fencing ordinances. Read the bill.

State: Wyoming

The bill: WY SF 107 (2018)

How would state law preempt local fence regulations?

  • prohibit any county or town from passing a fence ordinance that violates current WY code

What’s an example of a blocked ordinance under this bill? If an ordinance required wildlife friendly fences, which is an issue in Teton County

Jackson Hole News Guide | Proposed change to fence law is dead

 

5 Big Property Rights & Eminent Domain Cases in Texas. Foreshadowing 2019.

Anatomy of a Compensation Award. From $11,000 to $1.1 Million.

State: Ohio

Eminent Domain Use to take: 0.338 acres of land for an overpass and bridge by the Ohio Turnpike and Infrastructure Commission

The Ohio Turnpike and Infrastructure Commission sues and the initial eminent domain award: $11,865, the last settlement offer

The landowners appealed the initial eminent domain award to a jury that awarded: $1.1 Million in damagfes reflecting the land owner’s appraiser’s appraisal

Cleveland Scene | Jury Awards Lorain Family $1 Million in Damages in Ohio…