If a tree overhangs into your neighbor’s property and causes damage, are you liable?
- Massachusetts Rule says no you are not liable.
- Hawaii Rule says yes you are liable.
More trees and property rights issues to ponder.
Category Archives: private property rights
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
Lege Trend. Eminent Domain by Donation. Read the Bill.
A billionaire in California bought property on Martin’s Beach. Martin’s is a popular surfing spot. The billionaire cut off public access to the beach.
Round and round went lawyers, state commissions on land use, and then came California’s Senate Bill 42 that allows California to use eminent domain to guarantee public access for the surfers and beach goers.
But, how is California going to pay for this public access its acquiring from the billionaire? Via donation.
Senate Bill 42 allows the…
+1 Lawsuit. Legal Trend. Landowners Sue. Pipelines a Public Use? + 4 State Reactions
Add another federal lawsuit to the list of whether pipelines consistite a public use that triggers eminent domain for private entities.
The new lawsuit is in U.S. District Court for the Western District of Virginia.
4 States have expereinced different reactions ont he same topic- pipelines & eminent domain:
- South Carolina and Georgia have restricted the use of eminent domain for oil pipelines
- Ohio and Iowa have ahad a fair share of legal challenges concerning property takings for pipelines.
…
TX A.G. Opinion Answers Whether Affidavits of Adverse Possession Should Be Filed by County Clerks
Texas Attorney General Opinion, KP-1065, finds that affidavits of adverse possession should be filed by county clerks.
What standard does the affidavit need to meet? It must meet the requirements of Property Code section 12.001(a) : acknowledged, sworn to with a proper jurat, or proved according to law.
What does the affidavit not need to do? The affidavit is not proof that adverse possession has legally occured.
Lege & Legal Trend. Protecting Private Property Rights From Activists. 4 Bits Informed Intel.
What is a data trespass law? While it sounds like data security, these laws create a crime against physically entering land to acquire data like pollution or animal cruetly.
Are data trespass laws constititional? Maybe not. A Federal Appeals court has found a Wyoming law likely violates the 1st Amendment.
Who is for these laws? Land owners, members of the Farm Bureau
Who is against these laws? People for the Ethical Treatment of Animals, Center for Food Safety, National Press Photographers…
Read the Bill. Expedite Eminent Domain, but only for commercial property.
Los Angeles will be hosting the 2028 Olympics and the Clippers need a new stadium. What is a state to do? Pretend we’re working in a cartel cocaine processing room and sampling our own product? Yes, in a way, by expediting the permiting process to build stadiums more quickly.
How is the bill expediting the process?
- By exempting from full environmental review any “rail, bus, or transit project connected to the 2028 Olympics, along with expediting environmental challenges to construction of the…
Legal Trend. Constitutionality of Eminent Domain for Pipelines. Denbury Meets Federal Courts. 3 Bits informed:intel to watch.
In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.
What to watch:
- Will the court set a new test for what qualifies for public use by a pipeline?
- Will this test be set forth by the court to apply to all private entities that have eminent domain authority?
- How far reaching will the federal court decision be?
Rail Agency Denies Permit. Farmers want Eminent Domain Laws Changed in 2 ways.
Rural interests in Illinois are celebrating the Federal Transportation Safety Board’s denial of the Great Lakes Basin Rail.
Rural interests opposed the new stateline rail and say that eminent domain laws in Illinois should be changed in these 2 manners:
- It should be more rare for eminent domain to be used against farm land
- If eminent domain should be used against famr land it should be a higher standard.
State eminent domain laws that treat rural land differently…how many states would say…
Trending Private Property Rights Issue. Confederate Flags and Monuments on Private Land in the Deep South.
In Jasper Alabama, the mayor and police chief are checking on available options when a black man asked city council if there is anything they can do.
The solutions: The Mayor is going to talk to the homeowner and the police chief is going to check to see if the federal government can do anything.
Issues that got thrown around in the mix- it looks bad (blight?), citizens don’t like the flag, and what about property enjoyment of neighbors?
This is legislation waiting to be written. Flag…