Welcome to the Future!
In true Libertarian fashion, New Hampshire Legislature is considering House Bill 1226 (2018) that exempts from drought restrictions private wells.
What supporters say:
What opponents say:
Where: New London, CT home to the Kelo v. City of New London of U.S. Supreme Court fame
The ordinance: Section 302.4 of the New London Property Maintenance Code
What garden items are prohibited by Section 302.4?
The offending yard: Has a “maintained” and “contained” bamboo garden for more than 30 years, longer than the ordinance has been in…
In 2017, Maryland enacted new eminent domain authority for the building of power lines.
Recent opposition to a high voltage power line has legislators looking to reign in eminent domain authority for high voltage power lines when porjects are sanctioned by the Maryland Public Service Commission.
The Baltimore Sun | Harford legislators get down to business as 2018 General Assembly session begins
Where: Colorado
What form is this compensation for private property owners taking? An initiative proposal
Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.
The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights
State: Massachusetts
The legislation: The Comprehensive Adaptation Management Plan which coordinates the planning of projects state authorities led by the governor’s secretaries of Energy and Environmental Affairs, and Public Safety and Security.
The acquisition of property: Only from willing sellers
Utah is considering HB62 which looks to re-define property valuation for eminent domain by requiring the value include:
Where: Arlington, VA
What is the local ordinance? County government sought to require two signatures for a landowner to have a car on their property towed.
Which groups aligned against the local ordiannce to help landowners? The Arlington Chamber of Commerce sought to secure private property rights by ensuring effective parking management
What did the state law do? Retained the property owners ability to remive improperly parked cars on their private property & restricted local regulation…
Cecil Bell believes eminent domain reform is a “constituent-driven dialogue”
His concern about eminent domain: ” got to do a better job as a state in trying to figure out how to balance between the intended very limited use of eminent domain and processes like that and where we find it being used today”
Let’s diagram State Representative Bell’s eminent domain concern:
In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least $1.
Bristol Herald Courier | Sioux City, property owner battle over price for trail land
To determine just compensation for property taken by eminent domain in South Carolina, an appraiser determines the highest and best use of the land by:
Considering a “property’s highest and best use must be physically possible, legally permissible, financially feasible, and maximally profitable.”
Highest and best use applies even if the landowner has no intention of using his or her property in that manner.
Lexology | How “Highest and Best Use” Can Substantially Impact Just Compensation for…