Welcome to the Future!
Where: Moab Utah
What is Moab doing? Adopted a new land-use code that blocks construction of new hotels, condos and houses intended for short-term rental
Is the prohibition permanent? The intent is to study and find appropriate zoning restrictions for hotels, condos and houses intended for short term rentals
The Salt Lake Tribune | Moab has extended its moratorium on new construction for short-term rentals
Where: D.C.
What resolution protecting private property? Sen. Steve Daines (R-Mont.) resolution condemning socialism
How does private property rights fit into this? Socialism will “eliminate the private property rights of all people of the United States.”
Why does this matter? Every legislature will have a Republican filing the same or similar resolution calling on the protection of property rights
The Hill | GOP senator introduces resolution to formally condemn socialism
Where: North Dakota
What is pore space? The hollow underground space in rock formations
Who sued? Northwest Landowners Association
Why did they sue? The only property rights protections for pore space in statute were contractual and that made the taking of pore space, without a contract for compensation, a taking without just compensation
The proposed legislative solution: permit compensation for pore space used for saltwater disposal or enhanced oil recovery, unless the land owners have an existing contract
San Francisco Chronicle | Group sues North Dakota over ‘pore space’ law
Albany Times Union | Group sues North Dakota over ‘pore space’ law
WHO: Economist Leah Brooks and law professor Zachary Liscow
WHAT: Looking at the cost of construction from 1960 to 1980 find land costs are minimal
HOW does this impact eminent domain reform?
Where: Oklahoma
What’s happening? Oklahoma separately values the property owned by companies that have eminent domain authority
How does it work?
The Oklahoman | ‘Public service’ valuations complex but usually worked out, administrator says
Where: Pennsylvania
Why does state law determine compensation in a federal eminent domain? Natural Gas Act according to the 3rd Circuit
What compensation does this open? consequential damages
Reuters | 3rd Circuit adds consequential damages to Kinder Morgan’s tab for pipeline expansion
Where: Parker County, TX
What is happening? landowners in the path of a pipeline are receiving no notice of entry onto land and are removing trees
How does this differ from other examples? Some landowners say they had existing contracts with the pipeline company that required notice and the preservation of certain trees
Beyond compensation and the eminent domain reform is there another legislative issue? Yes, is pre-condemnation access trespass?
Where: Dallas
What: a carwash on Martin Luther King Jr. Boulevard in South Dallas
What action did the city take? city’s zoning board of adjustment determined the property was a nuisance which caused the business to cease operations
Why does this matter: 2019 eminent domain bill concerned compensation and if this local government action is a taking it adds to the stack of compensation policy issues
Dallas Observer | Car-Wash Case a ‘Taking.’ If It Stands, No One Is Safe, Not Me, Not You
Where: North Carolina
What’s the bill look like? HB 645 (2019 |NC)
How will HB 645 change property laws related to billboards?
Who is in the opposition?
NC Policy Watch | Senate passes billboard measure, eroding local control, allowing for more digital outdoor ads
Where is this happening? north St. Louis County Missouri
What is happening? A blighted building cannot be sized by eminent domain
Why can’t eminent domain be used?
KMOV 4 | North County tower sits in shambles, pinpointing blame difficult