Anatomy of a Bill that Sped up Water Project Development & Prohibited Eminent Domain

Florida’s SB10 (2017 |FL) did 2 things:

  • prohibited the use of eminent domain &
  • “mandated the construction of a reservoir south of Lake Okeechobee”
    • “to reduce discharges to the St. Lucie and Caloosahatchee estuaries in an effort to quash the harmful blue-green algal blooms that have wreaked havoc on Florida waters in recent years”

This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.

Florida Politics | U.S. Sugar says congressional action ends failed land pursuit

Lege TREND. Legislative Plan to Preempting Tree Ordinances. An exception + the Opposition

Michiugan will consider SB 1188 (2018 | MI) that will preempt local ordinances barring tree removal by:

  • prohibit local governments from adopting or enforcing ordinances or charters “prohibiting or restricting the removal of trees or other vegetation.”

What exception did the author accept?

  • allow local governments to willingly enter into contracts with private landowners to allow local control of storm water mitigating vegetation

What are cities saying in repsonse?

  • vegetation and tree ordinances are also used to mitigate nuisances like to block dust or noise form one property to the next

Detroit Free Press | Michigan senator wants to cut local communities’ control over trees

3 Reasons to Reign in Eminent Domain. Editorial from the Black-eyed Susan Flower State

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

  • Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
  • Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
  • Public Necessity.   need a better balance between property rights and public necessity

Legal TREND. US Supreme Court. Endangered Species. Property Rights Win.

A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:

  • if a regulation declares a protected species
  • to protect the land, it also has to be shown that the land is a habitat for that species

CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach 

Legal TREND. Local Tree Ordinances vs. Property Rights.

What tree ordinance is the center of a law suit? Township of Canton, MI that fines the removal of  any “tree,” defined as anything with a woody stem and a three inch diameter. The fine is up to a $450 fine

Who sued? The Texas Public Policy Foundation 

What happened to get here? A landowner removed trees ans shrubs on his land to clear up a flooding issue and to eliminate a mosquito issue caused by the flooding

F.P. Development, LLC VS. Charter Township of Canton, Michigan

Texas Attorney General Opinion. Property Rights + RVs.

What question is the Texas Attorney General Opinion? Are guests at recreational vehicle parks are licensees or tenants for eviction purposes?

Why does this matter?  A tenant has exclusive possession & control of the premises with legal recourse; a licensee does not

RV guests, are they tenants or licensees?

Legislative Fix? Re-define “recreational vehicle park” 

  • TEX. TRANSP. CODE § 522.004(b) (defining “recreational vehicle”)
  • TEX. WATER CODE § 13.087(a)(3) (defining “recreational vehicle park”)
  • TEX. PENAL CODE§ 46.02(a-2) (recognizing that recreational vehicle may be used as either temporary

Texas Attorney General Opinion KP-0222 (2018)

Private Property Rights TREND. 20th State Adds Right to Hunt & Fish to State Constitution,

Voters approved the constitutional change in North Carolina to add a right to hunt and fish to the state constitution.

Enabling legislation: SB 677 (2018 | NC)

Article I of the North Carolina Constitution will be amended by adding: “Sec. 38. Right to hunt, fish, and harvest wildlife.The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein shall be construed to modify any provision of law relating to trespass, property rights, or eminent domain.”

News 9 ABC | North Carolina constitution amended to guarantee right to hunt & fish 

Legal TREND. Private Companies. Does Using Eminent Domain Subject you to State Open Records Laws?

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

  • company communications about federal, state and local politicians
  • documents concerning opposition to the pipeline
  • records related to LSU researchers who published studies supporting Bayou Bridge
  • documents related to the company’s use of eminent domain

 

The Advocate | Must Bayou Bridge builders turn over company records since they seized land?

Constitutional Protection for Private Property in Personal Information. WHERE. HOW. WHAT.

New Hampshire voters approved a state constititional amendment to protect from government intrusion personal and private information.

The constitutional language: An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.

The passage rate: 80% of votgers supported it

Reason | N.H. Constitution Now Protects “Right to Live Free from Governmental Intrusion in Private or Personal Information” 

Local TREND. Anatomy of a Blight Tax. AKA Community Redevelopment Tax Incentive ordinance

What city implemented a blight tax? Savannah Gerogia

What did they name their blight tax? Community Redevelopment Tax Incentive ordinance

How does it work? When a property is designated as blighte dby the city, the property tax increases 7 fold

What types of properties are impacted?

  • properties that are easily accessible
  • pose a safety risk
  • are a haven for criminal activity
  • BUT NOT, property that is boarded up,  secured & have no property maintenance violations 

What is the rate of collecting this blight tax? for the previous year, $15,000 was collected of the $37,000 assessed

Savannah Morning News | Savannah Increases Number of Properties targeted by blight tax