Category Archives: legislation trend

3 Points Supporting Private Entities with Eminent Domain

Where: Texas

Who:  Institute for Policy Innovation, 32 year old conservative, free-market policy think tank in Dallas

Why: Testimony concerning SB 421 (TX | 2019) .

What are their 3 reasons to support eminent domain by private entities?

  • Constitution doesn’t limit eminent domain to the government
  • Limiting eminent domain to the government leads to bigger government
  • The private sector has market incentives to treat its customer base better than government

IPI | Testimony Before Texas Senate…

Property Rights in Pore Space.

North Dakota’s SB 2344 (2019 |ND) will change how pore space is treated under the law.

What is pore space? The cavernous area beneath the surface that isn’t solid

How is pore space currently treated in North Dakota? It belongs to the surface owner, not the mineral owner

What does SB 2344 do?

  • changes the definitions for surface ownership to include only solid areas, not cavernous air pockets, or pore space
  • prohibits a surface owner from seeking compensation for pore space

What industries…

Eminent Domain to Protect Wildlife from Cars. Amend an Eminent Domain Bill When in Doubt.

New Mexico Legislature wants their Transportation Agency and Wildlife Agency to talk to each other to develop a transportation plan to protect wildlife from vehicles. 

Most likely solution? Wildlife underpasses

Why? Wildlife and motor vehicle accidents carry a $20 million per year cost to the state 

Legislatively how did this come about? An amendment to an eminent domain bill.

KOB 4 | New Mexico wants to protect cars and animals from each other 

Texas Polling. Eminent Domain Reform. What do I need to Know?

The Texas Farm Bureau poll on eminent domain reform support found:

  • 89% support financial penalties for low offers
  • 80% favor ” bad faith” penalties when offers are less than 1/2 of a property’s value
  • Party identity produced similar results
  •  ” broad consensus” that the process is often unfair

CenTexProud |  Survey: support for eminent domain reform

 

Lege TREND. Constitutional Amendment. Eminent Domain.

 

The state: North Carolina

The bill: HB 3 (NC | 2019)

The new Constitutional provision:  “private property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.”

Richmond Observer | Goodman, GOP lawmakers want eminent-domain restrictions in constitution 

Lege TREND. Statewide Short Term Rental Bill.

The Bill: Maine’s LD 209 (ME | 2019) will:

  • prohibit cities from banning short term rentals
  • allow for local regulations related to health and safety

Supporters say:

  • This is about property rights
  • IN 2018, Maine AirbnB hosts earned  $66 million

Opponents say:

  • Cities should have control
  • Removes local governments to seek remedies from bad actors
  • Opponent sinclude: Maine’s Municipal Association, Hospitality Maine, Cottage Connection of Maine, Vacation Rental Professionals of Maine and Maine…

Lege TREND. Color Coding Private Property Access for Hunting

North Dakota is considering SB2315 (ND | 2019)   which seeks to peotect private property by creating a color coded system for access by hunters.

All property, including private property, is considered green an open for hunting.

Property Owners can post red signs to prohibit access by hunters.

Bismark Tribune | North Dakota private land bill seeks compromise with proposed database for hunting access

AgWeek | ND Senate passes revised trespassing bill

Private Property Rights. Drone Prohibition Over Rural Private Property Reform. Read the Bill + 5 Exceptions.

SB 304 (OK | 2019). would prohibit drones over rural lands by:

  • prohibiting drones flying lower than 400 feet over rural private property

5 enumerated exceptions for drones operated by:

  • state or federal government
  • law enforcement
  • utilities 
  • oil and gas companies
  • a commercial operation authorized by the Federal Aviation Administration

Landowners could provide access to universities operating weather drones.

Talequah Daily Press | Bill would limit drones

 Tulsa Public Radio | Measure Aims…