Category Archives: private property rights

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. Trespass Law Protects Property Owners. Endangers Hunters & Fishermen and women

Idaho passed a trespass law H0658 (2018 | ID)  that ended a requirement that large tracks of land in the backcountry post no tresspass signs before a person can be charged with trespassing.

Law enforcement and its coalitionsays the new tresspass law endangers hunter and fishers by:

  • allows for criminal charges when a person has no knowledge of the trespass 
  • innocent people will be charged with crimes
  • the law is so vauge collecting a frisbee on land could be a crime

3 Opposition Talking Points. Land Use. Ballot Proposition Backed by Farmers + Oil & Gas

Which state has this ballot proposition? Colorado Inititative 108 (2018)

What groups are backing the initiative? Colorado Farm Bureau & Oil and Gas Industry

What does the ballot proposition do? Switches compensation calculation to a fair market value standard

The opposition: Cities, Counties

Opposition Says the proposition will:

  •  spawn countless lawsuits
  • it will tie the hands of local governments and prevent any zoning or ordinances
  • we don’t know the unintended consequences

The Gazette…

Local TREND. Short Term rental Ordinance Revamp in a Tourist Town. 3 Strikes & You're OUT

Tourist Town: Carlsbad, CA

Short Term Rental Ordinance Revisions:

  • excluding timeshares & RVs
  • incorporating an Impact Response Plan, requiring neighbor notification
  • parking on site requirement
  • Adding a 3 strikes, within 24 months, is a 36 month permit revocation

The Coast News Group | Carlsbad amends short-term vacation rental ordinance

Lege TREND. Extending ban on eminent domain for unregulated & deregulated private companies

In 2018, South Carolina legislators extended the ban on the use of eminent domain by private pipeline companies.

The ban continues until November 20,2020 while a panel makes recommendations whether whether unregulated utilities should have any of the eminent domain powers that regulated utilities have.

Lege TREND. Deny funding for using eminent domain in certain ways. Carrot and Stick? Stick and Stick?

The House passed a bipartisan HR 189 (115th Congress)  that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes. 

Congessman Goodlatte | Goodlatte Applauds House Passage of Legislation to Limit the Abuse of Eminent Domain

Local TREND. Property Rights. Noise from Industry.

City: MicKinney, TX

Noise Ordinance Revision Background: Noise from 3 concrete plants, located in residential or “quiet zones”,   sparked a cry from residents to revise the city’s noise ordinance

The amendments to the McKinney TX noise ordinance:

  • Extending distance requirements from 500 to 1000 feet “Specific noise disturbances prohibited: Power Equipment. Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically…

Eminent Domain + Duty to Maintain Transmission Lines + Wildfires = Rate Increase?

The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.

How much did San Diego want to pass on to customers?  $379 million in costs

Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines

What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their…

3 Points. Institute for Justice Against Pipelines and Eminent Domain. +1 Solution

Institute for Justice lays out these 3 points arguing eminent domain absue by pipelines:

  • “FERC presides over a system that strips property owners of their rights without courts”
  • FERC dawdles and property owners have access to courts blocked
  • Pipelines can unfairly start cutting down trees even before state permits are granted, with an example from NY of 500 trees cut down on a family farm for a project that was never permitted

the Solution: real judicial review, in a court, before proepty is…