Welcome to the Future!
Where: Pennsylvania
The Legislation: HB 827 (2019 | PA)
What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking
KYW | Pa. House debates bill to require compensation if DRBC bans fracking
Which state had a private proeprty rights ombudsman? Connecticut
How was it created? By the governor.
The last Governor to include on in their administration: Gov. Jodi Rell’s administration
3 other states have a state office that advocates for property owners: Utah, Virginia and Ohio
Connecticut Law Tribune | Bring Back the State’s Property Rights Ombudsman
Where: Oregon Supreme Court
What: Extended “privacy interests” to garbage left out for collection, for both the bins on the curb & their contents after being hauled away
How did we get here? The police in the case, asked the private company that operated the waste collection service to separate a property’s trash. This amounted to an illegal search by a private comapny acting as an agent for law enforcement.
Didn’t the US Supreme Court say trash was not private? yes, but it allows states to…
Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain
What is an airspace easement? an easement taken by an airport
What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees
What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)
Where: North Carolina
What: A long time lawmaker, whose lawfirm represents a utility, also pushed legislstion to help the utility, allegedly according to an ethics complaint
Why the beef? Because the utility is taking people’s land
Tacoma News Tribune | AP | Group files ethics complaint against N Carolina legislator
Where: Missouri
What does the amendment look like? “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.”
News Press Now | State Representative takes aim at eminent domain
State: Missouri
Legislation: SB 391 (2019 | MO)
Land Uese issue: Prohbits counties from making stricter rules on concentrated animal feeding operations than the state Department of Health
Yes, state preemption over county ordinances for feedlots.
San Antonio Express News Editorial, Eminent domain law reform needed, says these are the reasons texas needs eminent domain reform:
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: