Land as Infrastructure. 3 Points from the Texas Agricultural Land Trust

84% of Texas land base is farm, ranch or timber and Texas legislators and regulators should think of land as infrastructure like:

  • Colorado that dedicates lottery revenue to private land conservation
  • Ohio that allows municipal water utilities  to get lower interest rate on loans for plant upgrades in exchange for funding land protection
  • Better funding of the  Texas Farm & Ranch Lands Conservation Program

Trib Talk |Blair Calvert Fitzsimmons|  Land is the state’s most critical infrastructure

Legal Trend. Nuisance Litigation = Eminent Domain Use? New Tort Issue.

Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.

A public nuisance in California can be remedied by taking the property by eminent domain. 

A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions,  mandatory disclosure on real estate transactions, and a listin gin a public data base.

Legislative…

Private Property Rights. City prohibits Gardening. Bill Adds to State Preemption TREND.

The City Ordinance: Miami Shores, FL prohibits front yard vegetable gardens and places a fine of 450/day for people with productive front yards

The State Preemption: SB 1776

SB 1776 does 3 things:

  • Establishes a state interest in sustainable cultivation of fruits and vegetables
  • Prohibits local regulation of vegetable gardens
  • Existing local regulations are void and unenforceable

Miami Herald | Supreme Court settles food fight, leaves ban on front-yard veggie gardens intact

 

3 Reasons an Editorial Opposes Eminent Domain for Affordable Housing

The North Jersey editorial board opposed the taking of private property by a for-profit developer to build between 22 and 29 low- to moderate-income apartments in a mixed use retail and market rate housing development.

The opposition:

  • Affordable housing is not a public use for eminent domain
  • Its iffy if the properties taken are blighted
  • handing private property, seized by emient domain, to a private developer doesn’t fly

North Jersey | Editorial: In Emerson, eminent domain or land grab?  

Private Property Rights + Local Sign Ordinances. 3 Points. City Sign Ordinance Revision from the Wood Violet State.

Kenosha, Wisconsin is re-working its billboard ordinance. 

Kenosha is ooking to balance the interests of business v. public good v. property rights. 

In this balancing act, Kenosha is looking at:

  • 2015 US Supreme Court ruling that says signs can’t be regulated based on content
    • Reed v. Town of Gilbert, AZ
  • Future sign ordinances will cover everythign from ground level signs to billoards
  • How to craft a sign ordinance that avoids costly litigation

Kenosha News | Digital billboards shine a…

Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?

A Louisiana Court ruled that  Public Records Laws Not Applicable To Private Pipeline Company.

Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records

The Court’s response— there is no basis for applying open records requirements in this matter.

Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company

Legal TREND. Port Uses Eminent Domain to Buy Competing Port. The Courts Say Ports…

The Port had the power to use eminent domain on a 4:3 vote.

  • This issue will be re-litigated during a re-hearing.
  • The re-hearing will focus on whether if the condemning entity turns the property over to a private company to operate, is the eminent domain use justified?

As for compensation, the Port that was acquired didn’t receive just compensation.

The case:  St. Bernard Port, Harbor v. Violet Dock Port, Inc.

Owners Counsel | Louisiana Supreme Court Decides St. Bernard Port, Harbor v.…

Blight Bill from the Home of the Red Carnation. Faster Clean Up in 4 Steps.

Ohio Legislature is considering HB 482 to expedite blight remediation.

HB 482 will:

  • Cut in 1/2 the amount of time a property owner has to remediate blight from 60 days to 30 days
  • Cuts in 1/2 the amount of time to hold a hearing on the property from 28 days to 14 days
  • Cuts in 1/2 the amount of time a property owner has to remediate blight if there is an injunction from 30 days to 14 days.
  • The evidentiary standard to show blight: preponderance of the evidence

Previous version included…