TREND. Elected Official Opposes Project Using Eminent Domain by Private Entity. Who. What. Where.

The elected official: U.S. Sen. Jeff Merkley (D-WA)

The project: Pacific Connector Gas Pipeline

What are the facts aroudn the pipeline?

  • a private foreign company may use eminent domain
  • to take American citizens’ private properties
  • to export Canadian gas to Asia

Oregon Live | Op-Ed by Landowners | Blocking eminent domain for private gain: Guest opinion

Local Trend. Banning Heliports in Napa.

What’s the land use proposal causing the gaffaw? Napa County may have a June 5 ballot initiative that would ban personal-use heliports on rural Napa County properties.

What are the private property rights arguments? Limiting the use of property infringes on private property rights

What is the current status of personal heliports in Greater Napa? allows personal-use airports and heliports with a county use permit

Napa Valley Register | Napa County private heliport measure supporters turn in…

Veto Rational- Need Eminent Domain to Protect Core Value of the State. Fuels Legal Eminent Domain Trend. Bill Text Included.

California Governor Jerry Brown vetoed a bill that would have funded acquisition of a beach access point. 

The reason for the veto? While the bill provided a means for beach access the bill precluded eminent domain.

Why does Governor Brown say the state needs Eminent Domain for this beach access issue?

  • Having the option of eminent domain was the intent of the author
  • The state should maintain the option of eminent domain to “public access to beaches and parks is a “core value to this state…

Lege Trend. Legislatures declaring certain projects are not public use.

Maine Public Utilities Commission’s staff is urging a statewide ruling that underground storing og liquified natural gas is not in the public interest.

The impact of these types of actions:  No eminent domain authority.

Maine Public Radio | Proposals to Store Natural Gas Criticized

 

2017. It's like 2005. Another Big US Supreme Court Case on Eminent Domain.

The Case:  Murr v. Wisconsin

The oral arguments: March 20, 2017

The eminent domain issue: Property owners wanted to sell some land. The city and state  said No, the property doesn’t meet requirements for stand alone sale because of waterway regulations.

How’s the case is shaping up?  CALIFORNIA, HAWAII, ILLINOIS, MAINE, MASSACHUSETTS, MINNESOTA, OREGON, VERMONT, AND WASHINGTON are siding with Wisconsin. While NEVADA, ALASKA, ARIZONA, ARKANSAS, KANSAS, OKLAHOMA, SOUTH CAROLINA, WEST VIRGINIA,…

Private Property Rights. Model. Midwest. Home Share. Tax Deal.

The State: Kansas

The tax deal between Kansas and AirBnB: Airbnb will automatically collect & remit the same state & local taxes as a hotel/motel

Will fees to property owners increase? No.

How many statewide deals has Airbnb entered into? 15

  • Alabama
  • Arizona
  • Connecticut
  • Florida
  •  Illinois
  • Kansas
  • Louisiana
  • North Carolina
  •  Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Utah
  • Vermont
  • Washington

Airbnb agreements with large cities:

  • San Francisco
  • Portland,…

U.S. Supreme Court to take up Eminent Domain Compensation this Term.

The case: Murr v. Wisconsin

The Compensation issue: Can compensation under eminent domain be impacted by a regulation. In the case, a regulation leads to the devaluation of contiguous property because it is owned by the same land owner.

9 States have taken the side of the property owner:  Nevada, Alaska, Arizona, Arkansas, Kansas, Oklahoma, South Carolina, West Virginia, and Wyoming

9 Other states have taken the side of Wisconsin: California, Hawaii, Illinois, Massachusettes, Maine,…

4 Ways Southerns Think about Eminent Domain.

National Geographic’s website has a feature piece entitled, Palmetto Pipeline: An Eminent Problem. Here’s what you need to know:

  • Southerners aren’t opposing pipelines for environmental reasons, but for private property reasons.
  • What didn’t sit well with landowners is that the pipeline can take an easement via eminent domain, leaving the property owner to pay taxes on land that it can’t use because the pipeline is on it.
  • In 2016, government officials denied eminent domain because there was…

Property Rights. 6 Points from the FAA Drone Rules

The Federal Avaiation Administration finalized the first round of drone rules. 

6 Key Points:

  • Drones must maintain a maximum flight speed of 100 miles per hour and a maximum height/elevation of 400 feet.

  • The drone must remain in the operator’s visual line of sight (using a drone’s camera does not satisfy this requirement).

  • While flight is limited to daytime use, operators will be allowed to fly their drones 30 minutes before official sunrise to 30 minutes after official…

Sharing Economy. Private Property Rights. Trade Practices Issues can impact Laws & Regs

What trade partcices allegations are being made against short term rentals?

  • discrimination
  • inconsistent tax collections
  • violations of local health and safety regulations

What’s the solution proposed to curb this? Increased data collection of short term rentals with FTC monitoring

What would this look like as city ordinances or state laws? 

  • Data collection requirement by the oversight agency to record ethnicity of renter,
  • Tax collection data linked to the short term rental…