4 Reasons Colorado's Eminent Domain Proposition for Land Owners is Not Good.

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

  • “taxpayers as a whole will suffer dramatically”
  • “tax dollars may go more toward fighting lengthy lawsuits”
  • municipal services would suffer- police, parks, trash service
  • it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

Property Rights. +1 Activist Move to Limit Short Term Rentals to a Single Property.

Where: New Orleans

Association backing limitation: Residents for Ethical and Sustainable Tourism (REST)

Limitation on short term rentals proposed: 

  • only full time residences would qualify
  • valid homestead exemptions must exist
  • home owners must comply with safety regulation

Curbed | A proposed ordinance would limit short-term rental licenses to one per homeowner

3 Reasons to "Revolt over Eminent Domain"

The American Conservative’s “Why the Public Must Revolt Over Eminent Domain” calls for a public revolt because:

  • Too much falls into Public Use. The Supreme Court in Kelo allows for a broad use of eminnt domain due to the broad interpretation of “public use”
  • Eminent Domain Abuse. State courts, federal circuit courts, and the U.S. Supreme Court have all failed to protect people from eminent domain abuse
  • Cronyism. Only the public can stand up to “cronyist land grabs”

What triggered this? Boise State Univeristy proposed a baseall stadium and began exercising eminent domain, including eminent domain to sieze a church parking lot to use as a stadium parking lot. 

ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.

  • Zoning should be a regulatory taking
  • Compensation should be triggered by any regulation that reduces propety value by 25%
    • Works in tandem with restoring a property right in property use
  • The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
  • Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

 

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019

ACTIVIST TREND. Private Property Eminent Domain Reform. 2019. Texas. 3 Legislative Reforms.

  • Shift burden of proof from land owner to condemnor
  • Reduce court deference to local governments and state agencies in proceedings
  • Restore a constitutional right to USE  property

TPPF Legislator’s Guide to the Issues 2019

Lege TREND. Property Rights. Required Disclosures by Contractors.

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

  • to report settlements  concerning construction defects within 90 days
  • if settlements were for more than $1 million
  • concerned multifamily residences
  • The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature 

Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

  • DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
  • FERCs approval process violates landowners’ constitutional rights

WHERE: Niskanen Center filed a brief with the Federal Court in DC siding with landowners

IMPACT: Niskanen has also brought similar due process legal cases in Colorado and Iowa

E&E News | Libertarians join battle over pipelines, property rights 

New Kid on the Block. Anatomy of a Rural Association. 9 Types of Members +2 Unexpected Issues

WHERE: Oklahoma

WHAT: New Oklahoma Rural Association

WHO are members of the ORA?

  • energy
  • agribusiness
  • manufacturing
  • financial services
  • equipment
  • utilities sectors
  • including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
  • corporations
  • &  landowners.

Additional Issues they will engage the Legislature on:

  •  education
  • health care

The Oklahoman | New Oklahoma Lobbying Group to represent rural communities

Lege TREND. Compensation. 3 Ways 1 Bill Benefits Land Owners.

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

  • Attorney Fees and Costs when a court determines a taking occurred
  • State Attorney General creates a list of governmental actions that results in a taking occurring
  • Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017