New Mexico Governor Susanna Martinez (R) says eminent domain authority is only for elected officials, not appointees (and no private entities).
Roswell Daily Record | Gov. Martinez defends air authority veto
Category Archives: wildlife
Lege TREND. Governor Protects Open Space from Eminent Domain.
Pennsylvania Governor signed HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.
How does this work?
- Land subject to a conservation easement cannot be condemned unless:
- An court says that eminent domain can be used
- A court can only say that eminent domain can be used if:
- necessary for the health and safety of a community
- no other reasonable and prudent alternative
Lege TREND. Eminent Domain Reform Passed Over for Land Use Reform in Red State
Republicans in North Carolina, where Republicans control a super majority in each chamber of the Legislature passed on an eminent domain proposition in favor of a right to hunt and fish ballot proposition.
The Hill | North Carolina GOP seeks to remake state Constitution; Dems see power grab
Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.
Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.
How does this work?
- Land subject to a conservation easement cannot be condemned unless:
- An court says that eminent domain can be used
- A court can only say that eminent domain can be used if:
- necessary for the health and safety of a community
- no other reasonable and prudent alternative
Land Owners Oppose Reservoir. Legislators Deny Eminent Domain for Reservoir.
The anatomy of reservoir building in Florida:
The reservoir project: a massive 60,000-acre shallow reservoir to stop dirty water in Lake Okeechobee from polluting the coasts and revive South Florida’s wilting marshes
The opposition: Sugar farmers who refused to sell
The legislative action: Deny the use of eminent domain to complete the reservoir
Miami Herald | Vast reservoir is key to state Everglades plan. Federal concerns could derail it.
Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.
State: Pennsylvania
Legislation: HB 2468 (2018 | PA)
How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?
- requires any government agency to obtain Orphans’ Court approval
- PRIOR TO using eminent domain to take permanently preserved land
- CONVINCE the court that there are no alternatives for the project
Author’s Press Release on HB 2568 (2018 | PA)
Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult
Lege Trend. Wildlife Bill Allows for Local Government Pest Control. Veto Statement Includes Protecting Private Property Rights.
Background: Nebraksa legislature passed a bill that would repeal a county’s ability to eradicate black-tailed prairie dogs on private property
Supporters of the Bill Call for Private Proeprty Rights: Repealing a county’s aility to eradicate the black-tailed prairie dog on private property is important because this law “infringes on property rights and harms native animals.”
The Veto is supported by this pro-private property rights statement: “fails to protect individual property rights from…
Texas Attorney General Opinion. Private Property Rights.
Texas Attorney General Opinion Request: RQ-0219-KP
Requestor: Lyle Larson
Question the Attorney General Office is to answer: Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?
Idaho Private Property Rights Bill Backed by Texas Billionaires? 3 Reasons for this Theory.
Refreshing our recollection, Idaho is streamling its civil and criminal trespass laws.
A theory in Idaho is that behind the bill are the Wilks brothers because:
- The brothers have bought 172,000 of Idaho forrest that was previously open and is now closed to hunters, fishermen, ATV riders
- There’s video of a Wilkes security guard having a run-in with a recreationalist
- interaction between Wilks’ lobbyists with the bills supporters
A legisaltor told a Wilks family member that Idaho isn’t Texas,…
Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.
State: Idaho
Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018)
The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden
The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law