Veto Rational- Need Eminent Domain to Protect Core Value of the State. Fuels Legal Eminent Domain Trend. Bill Text Included.

California Governor Jerry Brown vetoed a bill that would have funded acquisition of a beach access point. 

The reason for the veto? While the bill provided a means for beach access the bill precluded eminent domain.

Why does Governor Brown say the state needs Eminent Domain for this beach access issue?

  • Having the option of eminent domain was the intent of the author
  • The state should maintain the option of eminent domain to “public access to beaches and parks is a “core value to this state…

Limiting Eminent Domain Use Up North, What Made the Cut & What Didn't? More Republicans Limiting Local Government?

Governor Scott Walker of Wisconsin vetoed eminent domain restrictions that:

  • limited railroad use of eminent domain

Governor Walk let stand eminent domain restrictions that:

  • prohit the use of eminent domain for recreational trails and walkways

LaCrosse Tribune | Gov. Scott Walker vetoes quarry regulation restriction, says policy deserves full debate

Private Property Local Government Trend. Paying Property Owners to Go Green. Procurement Opportunity.

NYC Department of Environmental Protection has recommended a plan to pay private proeprty owners to go green. 

How would this work?

  • “ Restructuring water rates to shift costs to properties that generate relatively large amounts of runoff, and away from those that generate a relatively little.”
  • Contractw ith a 3rd party administrator for a Green Grant Program that would provide financial incentives to property owners that go green.

NRDC | Paying Private Property Owners in NYC to “Go Green”

 

Private Property Rights Trend. Limit Game Wardens Access to Private Land.

Wisconsin Legislature is looking at a Republican backed bill to limit game warden access to private lands.

Game Wardens would only be granted access to private land if there is reasonable suspicion that a violation had occurred.

Game Wardens are concerned that AB 411 prevents them from conducting compliance checks on more than 80% of the Wisconsin landscape.

Wisconsin Assembly Bill 411 (2017-2018 Legislature)

Milwaukee Journal Sentinel | Assembly Bill 411 would reduce warden authority on…

Legal Trend. Is the Land Owner Bill of Rights Mandatory? In this state, cities say no.

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:

  • City offers $85,000 to build a park.
  • Court awards $225,000 for the only black grocery store in a historically black district. 
  • Court said the city violated the Land Owner Bill of Rights by not acting transparently…

US Supreme Court Authors 2017 Kelo Say Property Rights Supporters. 3 Key Points about Murr v. Wisconsin

The U.S. Supreme Court sided with Wisconsin in a property rights case last week. Property irghts activists are hanging their hats on the liberal majority in this opinion.

Murr’s property right sissue isn’t as clear cut as Kelo’s- should the house be taken. Murr owned multiple parcels of land and wanted to sell one parcel to build a cabin.

Standing in the way of the Murr’s cabin dream is a Wisconsin law that barred the sale because conservation rules treat the two lots as a single property…

Local Government Drops Eminent Domain. Works Deal. 3 takeaways from the Deal.

What local government wanted to use eminent domain? Garden City Utah wanted to take land from 11 property owners to create a public access point to a lake

The city agreed to drop eminent domain proceedings in exchange for? The subdivision agreed to create a public walkway to provide lake access

What 3 goals were accomplished with the deal?

  • home owners kept their privacy
  • town residents and visitors have added access to Bear Lake
  • the town’s population tourism numbers increase

KSL.com…

Tornado Recovery Leads to Eminent Domain.

How did a tornado recovery lead to eminent domain? To clean up tornado damage, a town undertook widening the main thoroughfare in a low income neighborhood

How was this project funded? Federal Funds

Were the federal government or the local government tasked with implementing the plan to widen the thoroughfare? Local Government

How well was eminent domain received at the city council? According to 1 city council member, “” I have no appetite to vote for eminent domain takings,”

WAMC…

Campaign. Eminent Domain Limitations. Just Because People Like It, Doesn't Mean People Need It.

A state representative candidate in rural Utah pilloried using eminent domain for hike and bike trails saying:

““If its on a master plan, we’ll do what we have to do … but not just to run a trail that people think would be nice to have.”

Standard Examiner | Utah Republican Convention 2016: 3 northern Utah races contested Saturday

Comptroller's Eminent Domain Data Base Getting Attention

Wharton area residents are reciving information on Comptroller Hegar’s legislative enacted Eminent Domain transperancy data base set to go online soon. 

Wharton Journal Spectator | New law promotes transparency for eminent domain

Comptroller Eminent Domain Transparency Project