Property Rights. Lege TREND. Amending Right to Farm Laws.

LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.

But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?

Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska

Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into…

Lege Trend. Anatomy of a Short Term Rental Law in a State that Walked Back Full State Preemption.

Florida’s HB 987 (2019 | FL) would preempt local short term rental law and establish a statewide regulatory system that:

  • not allow for grandfathering local ordinances
  • state supervision of rentals in lieu of local inspections
  • state licensing by the state Division of Hotels and Restaurants within the Department of Business and Professional Regulation.
  • disclsoure of a contact person including:
    •  name
    • mailing address
    • telephone number
    • email 

What’s happened in FL with short term rental…

Lege TREND. Oil & Gas Underground Storage. No Land Owner Compensation.

North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas,  or CO2 recovery storage for the land owner.

KXNET | Landowners Group: Bill would take land rights away

 

Lege TREND. State Legislation to Contravene Federal Permits. Grazing Rights in this Bill.

Montana’s HJ 28 (2019 | MT) would request that the state deny the American Prairie Reserve’s grazing proposal to the Bureau of Land Management

Opponents say:

  • thinly veiled attempt by the United Property Owners of Montana
  • Their interest is only “to protect only the economic interests of its members”
  • coercive use of the power of the State to attack the property rights 
  • if they want a modification of federal grazing privileges, request one through the proper channels

Missoulian | HJ28: An…

Lege TREND. Taxes on Land Taken by Eminent Domain.

Is providing tax relief when land is taken by eminent domain unusual?

No, the IRS provides for it as well allowing for any gains to be rolled into similar investments without incurring an immediate tax on the gains.

Business Advocate | Virginia exempts gain from eminent domain condemenation from its income tax

Refreshing Recollection:

The Bill: Virginia’s SB 1256 (VA | 2019)

  • Would provide a tax break for any gains on a…

Local private property rights TREND. Ordinance on Wind Turbines. 3 Key Points.

Monitor Township, Michigan wind tubrine ordinance sets new zoing for windturbines, including:

  • setbacks to 2,000 feet (old setbacks were 750 feet)
  •  zero shadow flicker on peoples’ property
  • cash bond to cover the cost of proper removal of the turbines
  • lower sound level thresholds

Curiosity: How big is Monitor Township? 10,500

Michigan Live | Wind farms restricted under new Monitor Township zoning ordinance