Welcome to the Future!
A judge in the District of Columbia ordered more environmental review of the Dakota Pipeline, including the impact a spill would have on hunting and fishing rights.
The specific hunting and fishing rights relate to rights reserved by the Standinf Rock Souix tribe on Lake Oahe.
A court in the 10th Circuit has found that if a Native American Tribe has any interest in land, that land cannot be taken by eminent domain for any project, including a utility.
Public Serv. Co. of N.M. v. Barboan, 2017 U.S. App. LEXIS 9204 (10th Cir. 2017).
Harvard University | Property Law Developments | States may not take tribal land by eminent domain
The Big Question: Can a home owner association retroactively restrict the ability of a property owner to lease their property?
The majority of states and courts say yes, retrocative property rights restrictions on short term rentals are ok.
Harvard University | Retroactive restraints on leasing in homeowners associations
South Dakota Governor called a special session to “create a set of rules for outdoor enthusiasts who want to use lakes on private land in South Dakota for recreation”
The special session is in direct response to a State Supreme Court ruling that denied access to lakes from private property.
Refreshing our recollection from march 22, 2017 informed:intel Legal Trend: Are all Waterways Open to the Public? No, not up north.
According to TPPF’s Rob Henneke and James Quintero, tree ordinances are tantamount to inverse condemnation. They used the C word to describe tree ordinances.
According to TPPF here’s what’s happening with tree ordinances in Texas
” prohibit local governments from preventing the…
The legal activists: Texas Civil Rights Project
The Texas Civil Rights Project goal is to:
The target land owner: Border land owners
In Illinois, for a county to use quick take eminent domain, it requires:
Illinois Senate Bill 567 (2017)
Herald Review | Macon County eminent domain authority awaits Rauner OK
City: Tyler TX
The front yard fence ordinance that concerns property rights advocates: Requiring a special-use permit to have a fence of any kind in the front yard
What was Tyler’s goal of special use permits for front yard fencing? To stop blighted properties which they tied to chain link fences.
In the words of a Tyler City Council Members:
State: Illinois
The project sparking the no eminent domain for private gain refrain: Great Lakes Rail
The Resolution, HR 437 (2017), hits on these 3 points:
Illinois Valley News Tribune | Rep. Long bill opposes Great Lakes Rail, eminent domain