Category Archives: parks

3 Ways Republicans are Inconsistent on Eminent Domain

  • Republicans oppose taking land for trails and sidewalks calling it “egregious government overreach”
  • Republicans support allowing foreign corporations to use eminent domain
  • In the state budget Republicans expanded the types of oil pipeline business structures granted eminent domain power

Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain

Lege TREND. Amendent to Reign in LOCAL EMINENT DOMAIN in a Park Funding Bill

Missouri legislators amended HB 1044 (2019 |MO) a park funding bill to include this amendment to ban local governments from using eminent domain for parks and recreational space.

the amendment: 

67.920. Notwithstanding any other law to the cont
rary, no political subdivision shall use eminent
domain or condemnation proceedings to acquire property
for a recreational use including, but not limited to,
a park or trail.
“;
 

Land Use TREND. Protecting Golf Courses from Redevelopment. Read the Bill.

Nevada’s SB SB251 (2019 | NV) would prevent immediate redevelopment of golf courses unless the following is met:

  • require public meetings
  • require environmental impact study
  • require a minimum amount of open space
  • require evidence to a governing body that the golf course is no longer “financially viable” before any redevelopment is approved
  • require any structures built on the converted land be set back 100 feet from any existing building
  • require a golf course owner to continue maintenance of…

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Legal TREND. Are Maps and Signs to a Park a Taking if people cross private property?

The City of St. Pete Beach built a new park.

The City then made maps, websites,  physical signs, that suggested to the public that they were free to cross that private property to get to the beach.

The private property owners sued.

These actions- signs, maps and websites suggesting to cross private property are a taking tantamount to eminent domain.

 Chmielewski v. City of St. Pete Beach, 890 F.3d 942 (11thCir. 2018).

Legal TREND. Local Tree Ordinances vs. Property Rights.

What tree ordinance is the center of a law suit? Township of Canton, MI that fines the removal of  any “tree,” defined as anything with a woody stem and a three inch diameter. The fine is up to a $450 fine

Who sued? The Texas Public Policy Foundation 

What happened to get here? A landowner removed trees ans shrubs on his land to clear up a flooding issue and to eliminate a mosquito issue caused by the flooding

F.P. Development, LLC VS. Charter Township of Canton, Michigan