+1 State to Cut Eminent Domain for Utilities. No eminent domain for private gain.

Maine LD 271 (2019 | ME) would:

  • tie the use of eminent domain to only projects that offer relaible service
  • what does this mean? there must be a direct benefit to Mainers
  • if eminent domain increases profits, that cannot justify the eminent domain

Penobscot Bay Pilot | Sen. Miramant introduces bill to restrict use of eminent domain by utility companies

Property Rights. Lege TREND. Amending Right to Farm Laws.

LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.

But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?

Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska

Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into opposition

Lege TREND. Repurchase. Anatomy of a 1960s land purchase not used for a public use

Where: California

The public purpose: CalTrans construction of the I-710 freeway

The property taken: residences

What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s. 

How under market value is this? roughly $970,000 under market value

Pasadena Star News | Renters of Caltrans-owned homes in South Pasadena get to buy them $970,000 below market

 

Lege Trend. Anatomy of a Short Term Rental Law in a State that Walked Back Full State Preemption.

Florida’s HB 987 (2019 | FL) would preempt local short term rental law and establish a statewide regulatory system that:

  • not allow for grandfathering local ordinances
  • state supervision of rentals in lieu of local inspections
  • state licensing by the state Division of Hotels and Restaurants within the Department of Business and Professional Regulation.
  • disclsoure of a contact person including:
    •  name
    • mailing address
    • telephone number
    • email 

What’s happened in FL with short term rental laws?

  • 2011 state law stops cities from prohibiting short term rentals
  • 2014 the law gets softened for more local control as long as there were no minimum stay requirements

What argument is being used for local control? “Pornographic film actors using cocaine in a residential neighborhood”

Gainesvilel Sun | Legislators consider limit son local rules for vacation rentals

 

Lege TREND. Oil & Gas Underground Storage. No Land Owner Compensation.

North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas,  or CO2 recovery storage for the land owner.

KXNET | Landowners Group: Bill would take land rights away

 

Lege TREND. State Legislation to Contravene Federal Permits. Grazing Rights in this Bill.

Montana’s HJ 28 (2019 | MT) would request that the state deny the American Prairie Reserve’s grazing proposal to the Bureau of Land Management

Opponents say:

  • thinly veiled attempt by the United Property Owners of Montana
  • Their interest is only “to protect only the economic interests of its members”
  • coercive use of the power of the State to attack the property rights 
  • if they want a modification of federal grazing privileges, request one through the proper channels

Missoulian | HJ28: An attack on property rights and an abuse of power