Lege TREND. Property Rights and Prohibiting Single Family Zoning

Where? Oregon

What? HB 2001 (2019 | OR) 

How does HB 2001 change zoning?

  • Cities 10,000+ must allow duplexes in single-family zoned areas
  • In the Portland and its county, must allow quadplexes and “cottage clusters” of homes around a common yard

Why? To fill a housing gap between single family and high rise living from zoning ordinances that some trace back to segregation

NPR | Oregon Legislature Votes To Essentially Ban Single-Family Zoning

Lege Trend. Local Gov. Approval for Transmission Line Upgrades

Where: Maine

Legislation: LD 1383 (2019 | ME)

What will be required for transmission line upgrades that will use eminent domain? Approval from local governmental entities before eminent domain can be used

What transmission lines will this apply to?

  • high-impact electric transmission lines
  • transmission lines that are 50 miles or longer & capable of producing 200+ kilovolts

Why this change in Maine law? Its the requirement for other private entities that use eminent domain 

Portland Press Herald  | House votes to tighten utility rules on eminent domain

Maine Public | Bills Would Give Maine Communities More Say In CMP’s Transmission Project

Compensation. Landowner Expenses Before Compensation is Paid. Tales from High Speed Rail.

What’s happening? California is building a state backed high speed rail line

Have farmers whose land has been acquired by eminent domain for California’s high speed rail been paid? No.

Have these farmers paid out of pocket expenses to reroute their farm infrastructure because of the high speed rail? Yes.

What story do I need to keep in mind when these conversations arise? 

  • John Diepersloot
  • Owns a fruit orchard and had his land taken for high speed rail
  • John has $250,000 in out of pocket expenses for rerouting fair infrastructure due to eminent domain

Do the nonpayments include voluntary sales? Yes, yes they do. “Ray Carter, who voluntarily sold his farmland, says he has been owed $630,000 for three years.”

Los Angeles Times | High-speed rail route took land from farmers. The money they’re owed hasn’t arrived

Land USE Legislative TREND. 3 Benefits of Agriculture and forestal districts.

Virginia employs Agriculture and forestal districts that give landowners these benefits when they commit their property to the districts:

  • relaxed nuisance ordinances
  • extra review of eminent domain disputes
  • tax rate protection
  • restrictions on the land that prevent almost all development except a fair house

Northern Virginia Daily | Panel wrestles with loss of land, state code

Property Rights. Communal Cleaning of Abandoned Property.

Where: Missouri

What:   the “Good Neighbor Bill.”

How does the Good Neighbor Bill work?  allow neighbors/neighborhood associations to clean up abandoned properties by picking up trash, mowing lawns and fixing windows without any legal ramifications

KCTV | Missouri bill would allow neighbors to clean up outside of abandoned houses

Legal TREND. US Supreme Court Rejects Pipeline Quick Take Appeal. 3 Things this means for property rights?

Whats happening? Landowners whose property became a location for a FERC permitted pipeline that allowed for a quick take without compensation since the property was taken 2 years ago.

What does this denial of cert. mean?

  • Institute of Justice says we continue with the current system that “systematically disadvantages property owners whose land is taken for pipeline construction”
  • Law Nerds Say: 5 other circuits have said the same thing, this isn’t an issue for the Supreme Court
  • Industry says: Had the Supreme Court taken this case it would have slowed industry growth and increased costs

INSTITUTE OF JUSTICE | US Supreme Court Denies Cert  

S&P Global Platts | US Supreme Court declines to take case on eminent domain practice for gas pipelines

Land Use. Trespass Laws. Texas Billionaires + Open Lands in Idaho.

What’s been happening: Court cases, legislative action, and criminal charges.

What’s the kerfuffle? The Wilkes brothers bought land in Idaho that abuts open federal lands. In the process, they’ve closed off roads, that may or may not be maintained with tax dollars & gotten a trespass bill passed that required less notice for the land owner.

Who is mad? Outdoor enthusiasts. It’s Idaho, they love the outdoors.

Why does this sound familiar? It is legally similar to the California Billionaire who tried to cut off access to a previously public beach. His plan lost in state courts, federal courts, state agencies and the California legislature.

IdahoNews2 | Another road closure reported on billionaire Wilks brothers’ Idaho land

Lege TREND. Approving Historical Land Designations Per Property. Not in Batches.

Where: Colorado

What’s happening? State law in Colorado permits  Colorado Preservation, Inc. to bundle properties together to place the properties in the National Registry of Historic Places as a Multiple Property Documentation Form

The bill: HB 19-1078 (2019 | CO) 

What did the state law legisaltion do to impact this federal hisptorical property registry?  

  • Require each landowner’s consent
  • For all lands included within an area described or included within a Multiple Property Documentation Form
  • Only after this can the Colorado Preservation Board approve 

The Fence Post | Lewis’ bill protects private property

Wildlife Corridors v. Business Groups. Property Rights.

Where are Business Groups are suing to stop a wildlife corridor: Ventura County CA

Which Business Groups are involved?

  • Ventura County Coalition of Labor Agriculture and Business
  • California Construction and Industrial Materials Association

What is a wildlife corridor?

  • limits impermeable fencing, night lighting, construction and clearing of vegetation
  • to help wild animals move between the Santa Monica Mountains and the Los Padres National Forest
  • as the wild animals search for food, shelter and mates
  • Applies in a land-use zone of 163,000 acres to protect the passage of wildlife

What land is the cooridor hampering access to? An aggregate quarry

VC Star | Business groups sue to block Ventura County’s wildlife passage law