Category Archives: legislation trend

Legislature's 1 year Ban on Eminent Domain replaced with Stricter Eminent Domain Laws

In 2016, Georgia, the state and not the country, placed a 1 year moratorium on pipeline use of eminent domain. 

The restrictions that replaced the moratorium include:

  • requires greater disclosures from pipelines including evidence of financial responsibility
  • all parties can appeal administrative decisions, previously only companies could appeal

Georgia’s Community Holdings Inc | New pipeline rules limit eminent domain

Lege Trend. Clarifying Eminent Domain for Charter Schools. 3 Issues Western State Tackles

Utah is working on legislation to make clear that charter schools can exercise eminent domain. Here’s what the bill author wants to accomplish:

  • Statutorily state that Charter Schools are public schools. Public Schools have eminent domain authority so do charter schools.
  • Clarify which charter school entity has eminent domain power. Is it:
    • state charter board?
    • state board of education?
    • the charter school itself?
  • Clarify that charter schools do not need city approval to use eminent…

Private Property Rights Trend. Limit Game Wardens Access to Private Land.

Wisconsin Legislature is looking at a Republican backed bill to limit game warden access to private lands.

Game Wardens would only be granted access to private land if there is reasonable suspicion that a violation had occurred.

Game Wardens are concerned that AB 411 prevents them from conducting compliance checks on more than 80% of the Wisconsin landscape.

Wisconsin Assembly Bill 411 (2017-2018 Legislature)

Milwaukee Journal Sentinel | Assembly Bill 411 would reduce warden authority on…

3 Reasons Supporters Push Annexation Reform

A former aid to VP Cheney makes the case for annexation reform with these 3 arguments:

  • The current system doesn’t support a person’s ability to choose where they live
    • If you shoose to live outside the city, you should be able to stay outside of the city
  • Its undemocratic not to allow a vote by the owners who are being annexed
    • And this is unTexan
  • Reform should apply for all Texans, not just Texans in big cities

Commentary: Why Texas should push back against involuntary annexations |…

Private Property Rights. Drone Law Requires Local Control Be Included. 5 Bits informed:intel.

Federal drone legislation seeks to provide this broad framework:

  •  secretary of transportation would develop “civil unmanned aircraft policy framework”
  • harmonize time, place and manner from drone use

In addition to broad federal framework, it requires flexibility for local ordinances concerning:

  • more control over protecting residents’ privacy & property rights
  • create low-altitude speed limits
  • establish local no-drone zones

Drone Innovation Act | Rep. Jason Lewis (R-MN)

Morning Consult…

Lege TREND. State Constitution Limits Eminent Domain Against Businesses.

State: Louisiana

The eminent domain issue: A private dock entity, Violet Dock Port, had been operating in St. Bernardship parish. The Port Authority wanted to acquire its private competitor. Violet and the Port couldn’t agree on a price, so the Port Authority used eminent domain & began operating the Dock Port.

The Louisiana Constitution says: “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government…

Lege Trend. What happens when counties have input into infrastructure projects that use eminent domain?

In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.

How could the court do this?  In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.

6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…

Lege TREND. 2 Ways Belton TX Would Be Impacted by Annexation Bill + 1 End Run Around Annexation.

Belton, Texas City Manager says an annexation bull like 85R’s SB 715 would:

  • end annexation
  • if voluntary annexation were permitted it would:
    • allow the city & the proposed annexation area to vote
    • the carrot would be city utilitiies & services while the stick would be city taxes

Belton has used development agreements as a stop gap to halt annexation. 

Temple Daily Telegram | Belton may be impacted by special session annexation bill

Private Property Rights. Mile High Governor Signs Most Comprehensive Asset Forfeiture Transparency law. Big Stick for Local Law Enforcement Included, Carrot not Included

Institute for Justice, private property legal advocates of Kelo fame, say Colorado’s HB 17-1313, is the nation’s most comprehensive asset forfetiture reform.

HB 17-1313 will:

  • Require biannual reporting of the type of property seized, place of the seizure (e.g. which direction on a highway), if any criminal charges were filed in relation to the seizure, if the forfeiture was contested, and the final disposition of the property;
  • Require agencies to report their forfeiture expenditures in…