Wisconsin Counties are passing resolutions to support legislation that would prohibit eminent domain for private gain.
Daily Jefferson County Union | Eminent domain reform reviewed
Category Archives: private property rights
Lege Trend. No Eminent Domain for Private Gain in a Lake Effect Snow State. Airports, Trains, Hospitals, oh my!
Illinois House Bill 4150 accomplishes two goals:
- limits the use of eminent domain to only public uses
- explicitly removes railroads from public use
If a private entity is involved in the project the following 6 steps must occur:
- the condemning authority must prove by a preponderance of
the evidence that:- (i) the acquisition of the property is necessary for a public purpose;
- (ii) the acquired property will be owned by the condemning authority or another governmental entity; …
Legal Trend. What you need to know about Texas Cities Suing Over Right of Way Fee Caps
Why are cities suing? The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies
Does a right of way, like a network node right of way, have to be compensated? Yes.
What do supporters of the law say? “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”
What do non-city opponents of the law say? The cap cuts out private…
Transmission Company Denied Eminent Domain. How did it build its lines?
Background: In New Hampshire the Legislature specifically denied eminent domain authority to the Northern Pass transmission line.
The Northern Pass Line was built by: obtaining lease with a sister company operating an existing transmission corridor that slices north-to-south throughNew Hampshire
Lege Trend. Requiring Cities to Include Private Property Rights in Their Development Plans. Read the Bill.
First comes statewide tree ordinances and then come broad private property rights requirements in local governmental entity development plans.
Florida’s HB 207 (2017) would require:
- require the protection of private property rights in local government comprehensive development plans
- require a 4 point analysis for local government action:
- “Consideration of the impact to private property rights of all proposed development orders, plan amendments, ordinances, and other proposed…
Unusual Eminent Domain Bill. States Buying Professional Sports Franchises.
In 1984 the Maryland Senate passed a bill allowing the state of Maryland to use eminent domain to acquire the Colts.
Why did Maryland want to buy the Colts? To prevent the franchise from leaving.
Did it work? No, before the Maryland House could pass the bill, the owner struck and deal and moved the team to Indianapolis.
Columbus Dispatch | Michael Arace | Powerful are complicit in Crew move; it’s how the game is played
Property Rights Trend. Tree Ordinances Meets Affordable Housing. Read the Bill
A Republican State Senator in Florida has filed S 574 (2018) to curb local fees on tree removal.
The arguments to support the legislation:
- Republican State Senator who filed the bill says “People’s private property rights should be supreme.”
- A developer: Tried building affordable housing and ran up against a local tree ordinance.
News 10 Tamapa Bay Sarasota | Proposed bill gives state control over tree laws
Legal Trend Begets Lege Trend. 2017 U.S. Supreme Court Eminent Domain Ruling Overturned by Lege. Read the Bill.
The Wisconsin Legislature rejected the U.S. Supreme Court ruling in Murr v. Wisconsin that permitted regulation on adjacent properties that limited the ability to sell the property.
In response to the June ruling, the Wisconsin Legislature in November passed Assembly Bill 479.
The goal of the bill: to make sure the regulatory schemes that exist when land woners buy property continue to exist.
The bill is meant to “make sure that when people buy property, and they have expectations related…
2 Ways a Texas City Annexation Plan is Not Lawful. So Says Texas Attorney General
Texas Attorney General Ken Paxton lays out 2 ways McKinney’s proposed annexation plan isn’t lawful:
- the annexation notice violates the Texas Local Government Code and the Open Meetings Act
- the notice for the Aug. 28 mcKinney City Council meeting violates the Texas Local Government Code and the Open Meetings Act
How the notices violate the Open Meetings Act and Local Government Code:
- do not provide a description of the property the city plans to annex
- the council’s agenda item was…
Campaign TREND. TX County Judge Touts Property Rights vs. High Speed Rail.
The elected position: Ellis County, Texas County Judge
The candidate: Current Ellis County Judge Carol Bush
The comment on property rights and high speed rail: In listing achievements she notes under her leadership the county has “advocated for property owners against high-speed rail”
Waxahachie Daily Light | Ellis County Judge Carol Bush announces re-election campaign