Category Archives: legislation trend

3 Eminent Domain Cost Drivers for Texas border wall

  • The route does not follow the river, is a straight line and makes 1000s of acres unusable
  • Unwilling Landowner Litigation the route makes it necessary to take more land from 100s of unwilling landowners
  • Religious land taking a historic Catholic mission will set up a lengthy legal fight over the 1st amendment freedom religion rights of the church vs. the government’s 5th amendment aility to use the power of eminent domain

The Monitor | EDITORIAL: Holy war: Government should reconsider planned…

Anatomy of a Bill that Sped up Water Project Development & Prohibited Eminent Domain

Florida’s SB10 (2017 |FL) did 2 things:

  • prohibited the use of eminent domain &
  • “mandated the construction of a reservoir south of Lake Okeechobee”
    • “to reduce discharges to the St. Lucie and Caloosahatchee estuaries in an effort to quash the harmful blue-green algal blooms that have wreaked havoc on Florida waters in recent years”

This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.

Florida Politics | U.S. Sugar…

3 Reasons to Reign in Eminent Domain. Editorial from the Black-eyed Susan Flower State

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

  • Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
  • Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
  • Public Necessity.   need a better balance between property…

Legal TREND. US Supreme Court. Endangered Species. Property Rights Win.

A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:

  • if a regulation declares a protected species
  • to protect the land, it also has to be shown that the land is a habitat for that species

CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach 

Private Property Rights TREND. 20th State Adds Right to Hunt & Fish to State Constitution,

Voters approved the constitutional change in North Carolina to add a right to hunt and fish to the state constitution.

Enabling legislation: SB 677 (2018 | NC)

Article I of the North Carolina Constitution will be amended by adding: “Sec. 38. Right to hunt, fish, and harvest wildlife.The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use…

Legal TREND. Private Companies. Does Using Eminent Domain Subject you to State Open Records Laws?

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

  • company communications about federal, state and local politicians
  • documents concerning opposition to the pipeline
  • records related to LSU…

Constitutional Protection for Private Property in Personal Information. WHERE. HOW. WHAT.

New Hampshire voters approved a state constititional amendment to protect from government intrusion personal and private information.

The constitutional language: An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.

The passage rate: 80% of votgers supported it

Reason | N.H. Constitution Now Protects “Right to Live Free from Governmental Intrusion in Private or Personal Information” 

Legal TREND. Litigating Texas Kelo Fix. 2 Potential Fixes Heading to a Legislature near you.

In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.

The trial court and appellate court agreed that the roadway easement falls into  a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001

What legislative fixes could…

Refreshing our Recollection | READ THE BILL | Deny Government Funds for Specific Government Eminent Domain Use

The House passed a bipartisan HR 189 (115th Congress)  that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes. 

Congessman Goodlatte | Goodlatte Applauds House Passage of Legislation to Limit the Abuse of Eminent Domain

Refreshing our Recollection | READ THE BILL | Cities Build Quickly with Expedited Eminent Domain Process

 

 

 

California Legislature passed AB 987 (2018 | CA) that streamlines building a new stadium for the Clippers & construction by the Oakland A’s by:​

  • requiring litigation to be resolved within 270 days of the filing of the certified record of proceedings

NBC Sports | Pro Basketball Talk | State legislature helps Clippers take next step toward new home arena 

San Francisco Chronicle | Legislature passes bill to help Oakland A’s streamline construction of a Howard Terminal stadium