City Council Protects Farm Land from Eminent Domain by Designation. What you Need to Know:

Where: Farmington, Utah

How did the city council in Farmington Utah protect a 6th generation farm? By designating the farm an Agricultural Protection Area

What protections does an Agricultural Protection Area offer? 

  • Protection from zoning changes for 20 years
  • fortifies protections against eminent domain, but doesn’t 100% insulate the famr from eminent domain
  • safeguards the property against nuisance lawsuits related to farm noises and smells

can the designation be renewed?  Yes. 

Why is this a better option for the farm than a conservation easement? 

  • A conservation easement would have forced unnecessary land use restrictions on the farm
  • Would have restricted a future conveyance by children or grandchildren

Standard Examiner | Farmington farm scores win, but future still uncertain

Campaign TREND. How a candidate combines property rights & economic growth

The candidate: A candidate for county commissioner in Montana

The combination of property rights/economic growth:

  • “Individual private property rights are of paramount importance to Flathead County residents
  • and protecting individual property rights and planning for growth is not an either/or proposition.
  • We can do both,” 
  • “Government regulation of private property should only go as far as necessary to protect legitimate health and safety issues associated with that growth and no further.”

Daily Inter Lake | BRODEHL STRONG ON PROPERTY RIGHTS, FISCAL CONSTRAINT 

Local Ordinance. Requires 3rd Party Appraisals for Local Government Land Transactions with 2 Exceptions

Philadelphia Pennsylvania City Council is poised to require that all local government property transactions require a third party appraisal to determine the value of the property.

The bill makes 2 exceptions:

  • land taken by eminent domain
  • sheriff sales

Phladelphia Business Journal | Bill requiring independent appraisals on Phila. real estate deals likely to become law

The Model Code Property Rights Supporters Say Support State Preemption of Local Short Term Rentals

To support state action for short term rentals, supporters are touting: Arizona’s Private Property Rights Protection Act

Why is Arizona’s Private Property Rights Protection Act so important?  It allows land owners to be reminursed when regulations decreate their proeprty values, which with certain common-sense exceptions

The Hill |  Grassroot Institute of Hawaii | Property rights include the right to rent it out — even if others don’t like it

Local TREND. 3 Types of Ordinances on Drone Regulations & 3 Local Policy Concerns

3 Ways Colorado cities are proposing to regulate drones:

  • Allow residents to shoot down drones (ordinance failed to pass in Deer Trail, CO)
  •  Limit the methods of piloting a drone beyond that which the FAA has already designated (Newton, CO)
  • Greenwood. CO is using existing ordinances prohibit photographs, nuisances & harassment

The local governments raise the following policy reasons:

  • protect the quality of life of residents
  • protect privacy
  • limit recording of concerts and events by drone

 

 

DroneDJ | Colorado towns try to restrict drone use with local rules that interfere with the FAA’s mandate

Lege TREND. Preempting Local Short Term Rentals in the hawthorn Blossom State

State:  Missouri

The Missouri short term rental local ordinance premption bill: HB 2569 (MO | 2018) 

What would  HB 2569 (MO | 2018)  do?

  • prohibit municipalities from requiring a business license
  • prohibits home owner associations from blocking short term rentals
  • address how spaces are advertised for shirt term rentals to ensure a fee is collected

What do opponents say?

  • could impact the collection of the city’s tourism tax, because the bed tax (hotel/motel tax) is collected from a business. No business license, then there is no business to tax

Missourian | City Tracks House Bill On Vacation Rentals

Campaign TREND. Privatizing Land That Had Been Taken by Eminent Domain for Public Utilities.

The Campaign: Congressional Candidates for 2nd Congressional District in Tennessee

The Eminent Domain Issue: When the Tennessee Valley Authority was created, land was taken by eminent domain. Legislative proposals seek to privatize the Tennessee Valley Authority. 

The Candidate Responses to Privatization and Eminent Domain

  • 4 candidates of both parties oppose privatization
  • 1 Republican candidate specifically noted the use of eminent domain as a reason to oppose privatization

The Daily Times of Blount County | Nine congressional candidates offer range of views at forum

Blight + Community Development Authority. Law Allows Development of Open Space. Local Ethics Policy Runs Counter? 3 Key Points.

Background: A local Wisconsin Community Development Authority is taking action to declare maintained properties blighted

What statutory language provides for development within an area under blight standards:

“an area which is predominantly open, and which because of obsolete planning, diversity of ownership, deterioration of structures or of site improvements or otherwise substantially impairs or arrests the sound growth of the community.” 

Community Repsonse: Organized the  Better Mount Pleasant group to call for the resignation of the Community Development Authority members utilizing blight as counter to the local government’s ethics policy.

There’s a conflict between state blight laws and the local government ethics policy? The local citizen group claims the local officers are  violating the local  Code of Ethics, which states “any public official who knowingly acts in excess of their legal authority and official capacity has committed misconduct in office.” 

The Journal Times | Group calls for Mt. Pleasant CDA resignations amid blighting controversy

Lege TREND. Causes of Action. Eminent Domain. No Eminent Domain for Local Governments That Get Eco Devo Funds.

Congress is considering HR 1689 which does the following:

  • No eminent domain can be used if the state or local government receives federal economic development funds
  • Private causes of action ca be brought against states and cities if eminent domain is used and economic development was involved
  • Prohibits State immunity in causes of action

 

Private Property Rights. Navigable Waters. Defeat of a Bill for Public Access to Navigable Waters. Read the Bill for Fishermen.

State: Louisiana

The legislation to open navigable waters to anglers: HB 391 (LA | 2018)  to ” restore anglers’ rights to access public waters”

The opposition to opening navigable waters to anglers:

  • wealthy private land owners
  • energy companies

Supporters of opening navigable waters to anglers:

  • Louisiana B.A.S.S. Nation
  • Louisiana Sportsmen’s Coalition

The Louisiana House vote: 37-59

KALB| Powerful Opposition’ kills public access reform in Louisiana