Category Archives: parks

Anatomy of a Property Rights Coalition that Includes Law Enforcement

A trespass law in Idaho, H0658 (2018 | ID), created the Idaho Property Rights Coalitionwhich opposes the “stronger” trespass law.

The Idaho Property Rights Coalition members are:

  •   Idaho Cattle Association

  •   Idaho Grain Producers Association

  •   Idaho Farm Bureau Federation

  •   Idaho Wool Growers Association

  •   Food Producers of Idaho

  •   Idaho Eastern-Oregon Seed Association

  •   Idaho Mint Growers Association

  •   Milk Producers of Idaho

  •   Idaho…

Lege TREND. Governor Protects Open Space from Eminent Domain.

Pennsylvania Governor signed  HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Patch | Stoneleigh Response Eminent Domain Bill Signed…

Lege TREND. How an eminent domain prohibition bill carved out utilities.

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

  • a court grants permission because there is no other reasonable and prudent alternative
  • its a utility exercizing…

Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult

Attorney General Opinion in the Bluebonnet State. Property Rights and RVs.

In Texas Attorney General Opinino Rquest, RQ-022-KP, we’re going to find out what property rights an RV has and what property rights a park owner has.

Get your arguments ready for the Attorney General.

Get your drafting pencils ready to write the bill to fix the opinion. 

Who requested the opinion: Charles Perry

The question for the Attorney General Opinion: whether recreational vehicle park guests-transient or temporary guests-are licensees or tenants

What arguments does the opinion…

Idaho Private Property Rights Bill Backed by Texas Billionaires? 3 Reasons for this Theory.

Refreshing our recollection, Idaho is streamling its civil and criminal trespass laws.

A theory in Idaho is that behind the bill are the Wilks brothers because:

  • The brothers have bought 172,000 of Idaho forrest that was previously open and is now closed to hunters, fishermen, ATV riders
  • There’s video of a Wilkes security guard having a run-in with a recreationalist
  • interaction between Wilks’ lobbyists with the bills supporters 

A legisaltor told a Wilks family member that Idaho isn’t Texas,…