Category Archives: legislation trend

Lege TREND. Conservation Easements In the Blue Columbine State. 2 Reasons Bills are bad for Property Rights

Colorado’s proposed HB-18 1122, 1123, and 1194 are said to be bad for private proeprty rights because the bills would:

  • change conservation easements from private decisions to a government process
  • takes the decision making away from the landowner and gives it to the legislature

Journal Advocate | Letter: Bills threaten landowners’ privacy

 
 

TREND forecast: New US Supreme Court Case. New Eminent Rule on Private Property Compensation.

What’s happening? Refreshing our recollection- a billionaire beach front property owner near San Francisco is now required by law and state court rulings to open his private beach to surfers.

What are these surfers facing with the US Supreme Court? If the Court takes the case, the issue will be whether  government can command that parties open their private property to the public without compensation.

SF Gate | Martins Beach billionaire owner takes fight over public access to US Supreme Court

Lege Trend Update. Protecting Property Rights from Trespassers in the West. The Opposition & The Attorney General Opinion.

The sole committee member voting against Idaho’s RS26114 | HB 536 asked for an opinion from the Idaho Attorney General on the constitutionality of increasing trespass penalties.

Did the Idaho Attorney General find the trespass increases constitutional? No

What constitutional issues did the Idaho Attorney General raise? “(The bill), as written, appears to be overly broad as it proscribes a great amount of lawful conduct and runs afoul of First Amendment and Fourteenth Amendment protections”

Ot…

Lege TREND. Reigning in Blight with Laundry Lists. What's on the Wild Sunflower state bill?

Kansas is considering House Bill 2506 (2018) that excludes the following from blight designations:

  • less than 15 month vacancy when there are unpaid taxes on the property
  • if there are legal disputes over the property like probate or title issues its not eligible for blight
  • if an owner confirms in writing that the issues will be fixed within 90 days
  • requires that if a code violation triggers blight designation, then there has to be a health or safety risk
    • ex:  inadequate drainage would no…

Property Rights. Land Use. Billboards. A Billboard Bill in the Sego Lily State. 3 Bits informed intel.

Utah’s HB 361 (2018) requires:

  • that eminent domain laws, including legal process and procedure, apply to billboard relocation 
    • this engages city council members in the process instead of non-elected employees
    • providse stronger guidance for compensation
  • if there is no agreement on sign price or relocation within 90 days, then the billboard comapny can relocate it. 
  • blocked signs can be relocated and raised

 

Opponents say:

  • Using eminent domain laws will add years to the process of…

Land as Infrastructure. 3 Points from the Texas Agricultural Land Trust

84% of Texas land base is farm, ranch or timber and Texas legislators and regulators should think of land as infrastructure like:

  • Colorado that dedicates lottery revenue to private land conservation
  • Ohio that allows municipal water utilities  to get lower interest rate on loans for plant upgrades in exchange for funding land protection
  • Better funding of the  Texas Farm & Ranch Lands Conservation Program

Trib Talk |Blair Calvert Fitzsimmons|  Land is the state’s most critical infrastructure

UPDATE. 3 Legislative Fixes to Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota Legislature is considering HB 1184 (2018) that will move cow manure through new pipelines.

3 Legislative fixes to secure private proeprty rights have been suggested:

  • Provide for compensation to a landowner for the use of private property based on a royalty system
  • Require a legislative finding that “a private landowner’s property rights may be infringed in order to preserve the general public welfare (not private welfare.)”
  • Require the eminent domain process make a “finding that…

Legal Trend. Private Property Rights Claims in Texas Deer Breeder Rules.

What’s the background?

  • Texas Parks and Wildlife Department promulgated rules to curtail chronic wasting disease
  • Some deer breeders sued to stop the rules.
  • Lower Court upheld the rules
  • An appeal by deer breeders alleges property rights violations

What are the property rights claims in the appeal to the 3rd Court of Appeals? 

  • There is a property interest in deer breeding
  • There is a property interest in Texas Parks and Wildlife licenses
  • The Texas rules refer to deer as “private property”

As…

Legal Trend. Nuisance Litigation = Eminent Domain Use? New Tort Issue.

Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.

A public nuisance in California can be remedied by taking the property by eminent domain. 

A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions,  mandatory disclosure on real estate transactions, and a listin gin a public data base.

Legislative…

Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota’s House transportation Committee moved out HB 1184 (2018) that will move cow manure through new pipelines.

What’s the opposition to cow manure pipelines?

  • opposition rooted in the new grant of eminent domain authority
  • its expanding eminent domain to something that isn’t an utility & doens’t serve a public use

How would these poop pipelines work?

  • pipelines of animal manure from one farmer
  • would run through neighbors’ road ditches
  • to bring fertilizer to farmed fields

What do…