Welcome to the Future!
Do you support “elected officials work[ing] to prevent and limit the use of eminent domain to take property rights from private landowners for use in oil and gas pipelines?”
That’s the question Whatcom County Council in Washington State wants to ask its residents in November.
KAFE 104.1 | Private property won’t get extra protection from eminent domain
TPPF position is that tree ordinances are:
City: New York City
Ordinances: Councilman Rafael Espinal & Brooklyn Borough President Eric Adams are calling for comprehensive urban agriculture plan, updated zoning and building codes, and an office of urban agriculture
Why is it necessary: Commerical Urban Farmers have a hard time getting permitted, being insured, and atracting investors.
Is there more land to use for urban gardening in NYC? Yes, 14,000 acres of unused rooftop space that could feed millions
KP-0155 sets forth the rational as to why tree ordinances are takings of private property. Here’s the 3 step argument:
In Georgia, cities are arguing before the Georgia Supreme Court that the 2006 Land Owner Bill of Rights is not mandatory and there is no enforcement mechanism.
Landowners in Marietta say that the Land Owners Bill of Rights is mandatory.
Background of the eminent domain dispute:
Federal drone legislation seeks to provide this broad framework:
In addition to broad federal framework, it requires flexibility for local ordinances concerning:
Drone Innovation Act | Rep. Jason Lewis (R-MN)
State: Louisiana
The eminent domain issue: A private dock entity, Violet Dock Port, had been operating in St. Bernardship parish. The Port Authority wanted to acquire its private competitor. Violet and the Port couldn’t agree on a price, so the Port Authority used eminent domain & began operating the Dock Port.
The Louisiana Constitution says: “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise or halting competition with a government…
In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.
How could the court do this? In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.
6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…
Hays County Free Press quoting Colin Strother, of the Buda Planning and Zoning Commission chairperson, says if a tree ordinance passes “municipalities might sue the state for intrusion.”
Hays County Free Press | Proposed bill may uproot local tree ordinances
City: Atlanta
Ordinance: 1982 Ordinance required:
Court: City agreed to stop enforcement of a 1982 ordinance and pay $500 in restitution to the property owner and the mural artist. Attorney fees and costs are still being negotiated.
Atlanta Daily Report | City Agrees to Halt Enforcement of Ordinance That Threatened Artwork