Category Archives: legislation trend

Lege trend: Limit Eminent Domain in Power Line Issues

What bill wants to limit eminent domain power in power line cases? Congressmen Boozman & Womack each filed the Assuring Private Property Rights Over Vast Access to Land, or APPROVAL, Act, which would rewrite Section 1222 of the 2005 Energy Policy Act

What is it they want to limit? Federal government eminent domain authority in power line construction.

Why do they want to limit federal eminent domain power? They want to shift leverage to the states in interstate power line…

Lege Trend: Public Use Moves to Public Necessity for Private Companies.

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people…

Private Property. Drones & Data Storage. A Legislative Trend.

Drones collect data. Data everywhere. Private data. Public Data.

Legislatures and local governments are focused on …How long that data is stored, under what conditions, and under what disclosure requirements is legislative fodder.

Are these private drones or public drones? Data release and data storage could apply to either. Here are 3 of the legislative questions:

  • Are there penalties for a person’s private drone that collects data of someone’s private property?
  • How long can law…

Lege Trend: Civil Asset Seizure Reform in the Wolverine Homestate

Michigan legislature is moving a bill to refrom civil asset forfeiture laws that will:

  • Increase the burden of proof for police to “clear and convincing evidence,” that the property came from crime. Up from “preponderance of the evidence.”
  • Local police will be required to document the property they seize & their investigation with Michigan state police
  • Michigan state police will have to post online all civil asset forfeitures
  • Expanded to the number of crimes for qhich asset forfeiture…

2nd Presidential Candidate Jumps on Anti-Eminent Domain Train. 3 Eminent Domain Proposals He Supports.

This week Marco Rubio joined Rand Paul in attacking Donald Trump’s view that eminent doamin is “a wonderful thing.”

Rubio touted his legislative work to support private property rights, including:

  • Private Property protections in statute and as constitutional amendment
  • Eminent Domain statutes should disallow transfer of property after it has been condemned to another private property owner
  • Private developers should not benefit from eminent domain

Weekly Standard | Rubio Hits Trump on…

Lege Trend: 3 Steps to New Way to Fight Blight. Cities Attacked 3 Ways for Private Property Rights.

The Golden State this week created new, limited redevelopment agencies to fight blight.

What limited powers do the blight fighting redevelopment agencies have?

  • limit the applicable projects to affordable housing, hazardous waste cleanup and other projects in disadvantaged communities
  • Only permit less tax money to be used
  • Limit the use only in economically distressed areas

What does opposition say?

  • The new, limited redevelopment system is a land grab by local governments
  • Oppose…

Lege Trend: Strip Cities of Eminent Domain Authority

North Carolina is moving a bill to strip cities of their ability to condemn outside their municipal borders.  The cities will still be able to move forward with eminent domain if they get consent of county commissioners. 

Property rights activists have been singing this tune in Texas for years as cities in Texas use their powers in their ETJ.

HB 875 North Carolina Legislature

Go Blue Ridge.Net | Eminent Domain Bill Moving

HiCounty Press: Soucek Adavances Bill restricting Eminent…

Private Property Rights: 3 Reasons why Red States Act Now on Civil Asset Forfeiture Reform & 6 Reforms via TPPF

TPPF tells us red states are moving to reform cvil asset forfeiture laws because:

  • affront to central conservative ideals of property rights]
  • affront to due process of law
  • affront to the rule of law  

Recommended reforms:

  • abolish civil asset forfeiture entirely
  • prohibit or regulate asset sharing with the federal government
  • implement loser pay, so that the government pays attorney fees for innocent citizens
  • require the state to “substantiate the property owner’s involvement in a…

TPPF: Annexation in San Antonio is a Property Grab. 4 Reasons to Pass Annexation Reform.

Pointing to a new forced annexation of 87 square miles and 52,000 Texans in San Antonio, the Texas Public Policy Foundation proposes passage of annexation reform.

TPPF backed  SB 1639 and HB 2221 from the 2015 Texas Legislature. These were good reforms for these 4 reasons:

  • “growing government spending is not a reasonable justification for trampling on someone’s private property rights”
  • Reform needs to include cities providing “a written contract for services shown in at least…