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LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.
But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?
Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska
Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into…
The Wisconsin state budget has a provision which prohibits funds for being used for eminent domain projects that include parks and bike paths.
Republicans added the provision to stop cities for using eminent doamin for these purposes.
CBS 4 Minnesota | Evers Budget Restores Eminent Domain For Bike Trails
Where: California
The public purpose: CalTrans construction of the I-710 freeway
The property taken: residences
What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s.
How under market value is this? roughly $970,000 under market value
Massachusetts HB 83 (2019 | MA) would add these constitutional limits on eminent domain:
An amendment to a transportation bill in Ohio would allow utilities expanded eminent domain authority by allowing quick take possession of property.
OH Ag NEt | Ohio Farm Bureau fights expanded eminent domain authority
Florida’s HB 987 (2019 | FL) would preempt local short term rental law and establish a statewide regulatory system that:
What’s happened in FL with short term rental…
North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas, or CO2 recovery storage for the land owner.
KXNET | Landowners Group: Bill would take land rights away
Montana’s HJ 28 (2019 | MT) would request that the state deny the American Prairie Reserve’s grazing proposal to the Bureau of Land Management
Opponents say:
Is providing tax relief when land is taken by eminent domain unusual?
No, the IRS provides for it as well allowing for any gains to be rolled into similar investments without incurring an immediate tax on the gains.
Business Advocate | Virginia exempts gain from eminent domain condemenation from its income tax
Refreshing Recollection:
The Bill: Virginia’s SB 1256 (VA | 2019)
Baltimore looks to condemn the Preakness Stakes to keep it from moving.
What does Baltimore say? State law also allows condemnation of the Preakness’ intellectual property, so include that too
Sound weird? Once upon a time Oakland thought of the idea ot keep the Raiders there.
The Volokh Conspiracy | Baltimore Tries to Use Eminent Domain to Condemn the Preakness Stakes Horse Race
Wall Street Journal | Will Baltimore Make Off With the Races?