3 Points from Resolution 102-2018 of the Navarro County TX Commissioners Court Protecting Private Property Rights.

Resolution 102-2018 of the Navarro County Commissioners Court seeks to protect private property rights from a high speed rail project by:

not to closing, nor relocating, any roads for Texas Central Railroad
no railway company has the authority to close roads, and “TCR is not a railway company”
the county will “decline to close ANY road for route for any railway or non-railway company.”

Mass Transit| TX: Commissioners Deny TCR Access — No County Roads Will Close

TREND forecast: New US Supreme Court Case. New Eminent Rule on Private Property Compensation.

What’s happening? Refreshing our recollection- a billionaire beach front property owner near San Francisco is now required by law and state court rulings to open his private beach to surfers.

What are these surfers facing with the US Supreme Court? If the Court takes the case, the issue will be whether government can command that parties open their private property to the public without compensation.

SF Gate | Martins Beach billionaire owner takes fight over public access to US Supreme Court

Lege Trend. Increase Compensation for Eminent Domain. Except for Cities.

Wisconsin AB 770 will “fundamentally re-write” eminent domain compensation to landowners. Here’s how:

including in compensation “reasonable project costs” like relocating & restarting your business
raise the maximum compensation amounts offered to both tenants (up tp $80K) and property owners (Up to 100K)
retain the maximum compensation caps only for citiesm towns and villages but not for private entities or state agencies

Opponents say:

great cost to state government, utilities & other…

Lege Trend Update. Protecting Property Rights from Trespassers in the West. The Opposition & The Attorney General Opinion.

The sole committee member voting against Idaho’s RS26114 | HB 536 asked for an opinion from the Idaho Attorney General on the constitutionality of increasing trespass penalties.

Did the Idaho Attorney General find the trespass increases constitutional? No

What constitutional issues did the Idaho Attorney General raise? “(The bill), as written, appears to be overly broad as it proscribes a great amount of lawful conduct and runs afoul of First Amendment and Fourteenth Amendment protections”

Ot…

Lege TREND. Reigning in Blight with Laundry Lists. What's on the Wild Sunflower state bill?

Kansas is considering House Bill 2506 (2018) that excludes the following from blight designations:

less than 15 month vacancy when there are unpaid taxes on the property
if there are legal disputes over the property like probate or title issues its not eligible for blight
if an owner confirms in writing that the issues will be fixed within 90 days
requires that if a code violation triggers blight designation, then there has to be a health or safety risk
- ex: inadequate drainage would no…

Property Rights. Land Use. Billboards. A Billboard Bill in the Sego Lily State. 3 Bits informed intel.

Utah’s HB 361 (2018) requires:

that eminent domain laws, including legal process and procedure, apply to billboard relocation
- this engages city council members in the process instead of non-elected employees
- providse stronger guidance for compensation
if there is no agreement on sign price or relocation within 90 days, then the billboard comapny can relocate it.
blocked signs can be relocated and raised

Opponents say:

Using eminent domain laws will add years to the process of…

Land as Infrastructure. 3 Points from the Texas Agricultural Land Trust

84% of Texas land base is farm, ranch or timber and Texas legislators and regulators should think of land as infrastructure like:

Colorado that dedicates lottery revenue to private land conservation
Ohio that allows municipal water utilities to get lower interest rate on loans for plant upgrades in exchange for funding land protection
Better funding of the Texas Farm & Ranch Lands Conservation Program

Trib Talk |Blair Calvert Fitzsimmons| Land is the state’s most critical infrastructure

Campaign TREND. 4 Republican candidates TXHD 14. 4 Different Opinions on Property Rights.

Davis: Eminent Domain should not used by private entities

Laningham: No eminent domain for the bullet train, which is not a public benefit

Raney: taking someone’s property should be a respectful negotiation that satisfies the landowner

Texeira: follow the law and properly compensate landowners, otherwise landwoners should get a good lawyer

Bryan Eagle | Rep. John Raney faces three GOP challengers for District 14 House seat; One Democrat running

Legal Trend. Private Property Rights Claims in Texas Deer Breeder Rules.

What’s the background?

Texas Parks and Wildlife Department promulgated rules to curtail chronic wasting disease
Some deer breeders sued to stop the rules.
Lower Court upheld the rules
An appeal by deer breeders alleges property rights violations

What are the property rights claims in the appeal to the 3rd Court of Appeals?

There is a property interest in deer breeding
There is a property interest in Texas Parks and Wildlife licenses
The Texas rules refer to deer as “private property”

As…

Legal Trend. Nuisance Litigation = Eminent Domain Use? New Tort Issue.

Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.

A public nuisance in California can be remedied by taking the property by eminent domain.

A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions, mandatory disclosure on real estate transactions, and a listin gin a public data base.

Legislative…