Local TREND. No to Solar Farm. 3 Property Rights Issues

Where: Augusta County, VA

The proposal: County Board of Supervisors voted against a solar farm

What property rights are at issue?

  • The county wants to maintain county property for the county inventory for a potential development
  • The farm land owners want the option of solar
  • Neighboring property owners are concerned about their property rights

New Virginian | Augusta County supervisors nix solar farm on 4-3 vote

Ride Share Laws = Inverse Condemnation on Taxi Licenses?

Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:

  • There is a property value in a taxi license/token
  • Even if there is a property right, is the value in operating the taxi free of others operating similar services?

Courts in FL and IL have said yes there is a property right, but it doesnt grant exclusive rights that would be compensated under the takings clause.

Owners Counsel | Lawprof: “Does Legalizing Uber and Lyft ‘Take’ The Property Of Taxi Companies?”

Local TREND. 2 Ways Eminent Domain Hampers Economic Development.

Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.

With eminent domain, acquiring land would be:

  • quicker
  • cheaper
  • makes rural and suburban areas more competitive for big economic development deals where land is easier to acquire

 

Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do

LegalTREND. TX Supreme Court Says Texas KELO fix had MASSIVE hole?

This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.

What part of the law did the Court find the exception in?

“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…” 

So… what are legal types saying? potentially all roads are excepted from the Kelo related limitations on eminent domain.

KMS RETAIL ROWLETT, LP v. CITY OF ROWLETT

Owners Counsel | Texas: Transportation Projects Exempt From Post-KeloLimitations On Eminent Domain Power

Lege TREND. Exempt Private Shirt Term Rentals from Taxes

Where: New Jersey

The legislation:  S3158 (2019 | NJ)

What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners

So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.

 

Cape May County | Andrzejczak Bill to Exempt Private Short-Term Rentals from Additional Taxes Clears Committee

Legal TREND. The Next Kelo: Build First, Pay Later Takings

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

Lege TREND. Requiring Landowner Compensation for Local Ordinances. State Declared Inverse Condemnation.

Where: Pennsylvania

The Legislation: HB 827 (2019 | PA)

What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking

KYW | Pa. House debates bill to require compensation if DRBC bans fracking

Regulatory TREND. State Private Property Rights Ombudsman

Which state had a private proeprty rights ombudsman? Connecticut

How was it created? By the governor.

The last Governor to include on in their administration: Gov. Jodi Rell’s administration

3 other states have a state office that advocates for property owners: Utah, Virginia and Ohio

Connecticut Law Tribune | Bring Back the State’s Property Rights Ombudsman