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; …

Property Rights. Lege Trend. 3 Reasons Real Estate Broker Supports Short Term Rental Statewide Preemption.

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

  • The bills are pro-private property rights
  • The bills aren’t preemption, the bills are a starting point for local ordinances and rules
  • Allowing for  short term rentals…

Private Property Local Government Trend. Paying Property Owners to Go Green. Procurement Opportunity.

NYC Department of Environmental Protection has recommended a plan to pay private proeprty owners to go green. 

How would this work?

  • “ Restructuring water rates to shift costs to properties that generate relatively large amounts of runoff, and away from those that generate a relatively little.”
  • Contractw ith a 3rd party administrator for a Green Grant Program that would provide financial incentives to property owners that go green.

NRDC | Paying Private Property Owners in NYC to “Go Green”

 

Lege Trend. What happens when counties have input into infrastructure projects that use eminent domain?

In Missouri, the Missouri Supreme Court upheld an appellate ruling that effectively stopped a transmission line plan.

How could the court do this?  In Missouri to build a transmission line, the state agency must have input from the counties. Why? Because state law says counties must determine whether a proposed project meets engineering & safety guidelines.

6 of the 8 counties said no to the transmission project. The project backers had asked the MO Supreme Court to not require the county…

US Supreme Court Authors 2017 Kelo Say Property Rights Supporters. 3 Key Points about Murr v. Wisconsin

The U.S. Supreme Court sided with Wisconsin in a property rights case last week. Property irghts activists are hanging their hats on the liberal majority in this opinion.

Murr’s property right sissue isn’t as clear cut as Kelo’s- should the house be taken. Murr owned multiple parcels of land and wanted to sell one parcel to build a cabin.

Standing in the way of the Murr’s cabin dream is a Wisconsin law that barred the sale because conservation rules treat the two lots as a single property…

Lege TRENDing. Special Session. Private Property Rights vs. Recreational Water.

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.

What does proposed draft bilsl look like to addres access to lakes…

4 Points. Bill Protects Private Property on San Marcos River.

SB 965 (2017) by Zaffirni would:

  • Counties along the river will be able to approve the creation of water and safety zones
  • The water & safety zones can impose fees of up to $4 per person
  • The fees would support services such as rental of recreation equipment, shuttle service or ingress or egress service
  • Due to limited law enforcement the water and safety zones would serve to protect land owners along the San Marcos River

House Sponsor: Cyrier

Texas State University Star | Senate passes…

State prohibits Eminent Domain in Water Safety Bill. 4 Key Points.

State: Florida

Legislative Fix: 

  • Increase a reservoir capacity
  • Stop overflows of toxic “guacamole water” into the state’s rivers and streams

The Eminent Domain issue:

  •  Eminent domain authority amendments failed
  • SB 10 prohibits the use of eminent domain

FLORIDA SB 10 (2017)

Florida Politics | Senate approves plan to fix Lake Okeechobee, end algae invasions

Legal Trend: Are all Waterways Open to the Public? No, not up north.

The Court: South Dakota Supreme Court

What issue was the court trying to address: Whether all water was accessible to the public if it could be reached without trespassing on private land?

What did the Court say?  

  • The legislature has considered this issue 3 times since 2004 and hasn’t passed any bill on the topic
  • Forbids Game Fish &Parks from facilitating access to the public on waters and ice over private property
  • Game Fish &Parks, the state agency, doesn’t have the legal authority to…