Category Archives: legislation trend

INTERIM. SHARING ECONOMY. Property Ownership Fairness Act. 4 Things to Know Before the Activists Arrive.

The Goldwater Institute & CATO  are pushing the Property Ownership Fairness Act that:

  • “requires government to pay you when regulations take away your right to use your property and reduce the value of your property.”
  • allows for regulation and the use of eminent domain but there has to be notice, so if the government changes the rules of the game, then the property owner should be compensated
  • it’s modeled after Arizona’s 

What does this Act apply to? Short Term Rental ordinances….

Lege Trend: No Eminent Domain without 80% Land Owner Consent. 3 Point Legislation from Red State.

South Dakota legislature is considering SB 145 which would:

  • Require any UTILITY before it receives eminent domain approval BEFORE PERMITTING
  • To obtian consensus from 80% of the affected land owners
  • Applies only to PRIVATE entities

Dakota Free Press | SB 145: Legislature to Consider DFP 80% Agreement for Eminent Domain

Lege Trend: Private Property Rights. Requiring Insurance for Drones. 3 Bits of Informed Intel before this comes to Texas.

A proposal in California would require drone owners to carry insurance for their drones. it even has a catchy name, The Drone Registration/Omnibus Negligence-prevention Enactment (DRONE) Act.

The bill’s requirements:

  • requires hobbyists to obtain a physical or electronic license plate for identification purposes
  • requires a small insurance fee at the time of purchase for any future damage or injury associated with the drone
  • requires drones of a certain size to be equipped with GPS and…

Did the denial of eminent domain by state regulators force the sale of a $1.1 billion pipeline? Possibly yes.

What state regulators refused eminent domain powers for a pipeline? Georgia

Why did Georgia deny eminent domain authority? For reasons including that the pipeline would not provide any direct benefit for Georgia, the pipeline only went through the state without dropping off goods in the state.

What happened after the denial of eminent domain by state regulators? 4 things.

  • Delay
  • A legal appeal of the denial of eminent domain
  • the company announced that the project may be completed…

Trend: Legalization of Marijuana and Eminent Domain Unite

How can legalization of marijuna and eminent domain ever be connected? If you’re a candidate for the Lt. Gov. of Missouri you propose a new agency that seeks to look for medical cures and regulates legalized marijuana and give it the power of eminent domain.

Missouri Times | The Missouri Legislature Must Not Let Brad Bradshaw Hijack Medical Cannabis to Create Constitutional Oligopolies and Grow Government

Lege Trend: Senate Resolution to Block Eminent Domain Authority. 3 Keys Points Opposing Eminent Domain.

What state has a legislator trying to stop eminent domain authority? Illinois State Sen. Kyle McCarter  

What project does the IL State Senator want to stop? Grain Belt Express Clean Line power project

Why is he opposed to the clean power line using eminent domain? 

  • Because he supports the private property rights
  • Because the project offers no clean energy for Illinois
  • Because the eminent domain authority resides with a private company, held by private investors

Illinois Business…

Lege Trend: East Coast Governor Signs Bill for More Relocation Costs for Land Owners

Pennsylvania House Bill 1411 has been signed into law. It will:

  • ensure no loss of critical federal highway dollars
  • maximum re-establishment expenses reimbursable for a displaced farm, nonprofit organization or small business is increased from $12,000 to $25,000
  • maximum amount of the replacement housing supplement for homeowners is increased from $27,000 to $31,000
  • maximum amount of the replacement housing supplement for tenants and others is increased from $6,300 to $7,200

PA State…

Lege Trend: One State Re-Writing Pipeline & Private Property laws. Pre Condemnation Access on the Chopping Block.

Where is this happening? Virginia

What sparked the change to how private property is treated by a pipeline? a controversial 2004 law that allowed precondemantion access to private property by the pipeline. Its led to landowner lawsuits and protests.

What legislative changes are being pushed? Requiring the pipeline to offer advanced notice and get owner consent to enter land

Roanoke Times | Lawmakers seek to scrap law on pipeline, property rights

3 Take Aways from Eminent Domain Experts Opposing Sweeping Constitutional Changes for Eminent Domain. Be Informed.

  • Private Entities are the Target of Eminent Domain Reform. The concerns about eminent domain are generally not about the government snapping up pieces of property, it is private entities snapping up property using eminent domain as a tool
  • Public Use Needs to be Reformed.Re-defining public use does not require sweeping constitutional reform
  • Look to Justice Thomas Dissent in Kelo for answers. Just like Clarence Thomas says, when the Supreme Court analyzes whether a search warrant can get…

INTERIM Trend: Civil Asset Forfeiture. 3 Lessons from 1 State's Ban on Asset Forfeiture.

What’s civil asset forfeiture? According to supporters of the ban, people do not have to be convicted or even charged to lose their property when suspected of a civil offense

What state has experience with restricting civil asset forefeiture? New Mexico

What can we learn from New Mexico?

  • Apply reforms to civil, criminal, and municipal offenses
  • Whether police can finance departments through asset forefeiture
  • Wether the government has to bear the burden of proof for civil asset…