Lege Trend. Wildlife Bill Allows for Local Government Pest Control. Veto Statement Includes Protecting Private Property Rights.

Background: Nebraksa legislature passed a bill that would repeal a county’s ability to eradicate black-tailed prairie dogs on private property

Supporters of the Bill Call for Private Proeprty Rights: Repealing a county’s aility to eradicate the black-tailed prairie dog on private property is important because this law “infringes on property rights and harms native animals.”

The Veto is supported by this pro-private property rights statement: “fails to protect individual property rights from neighbors who don’t control prairie dogs on their property.”

Hastings Tribune | Governor vetoes Nebraska prairie dog management bill

3 Ways Eminent Domain Could Re-Shape the Nation's 4th Largest City

The 3 pending eminent domain issues that could reshape land use in Houston, Texas:

  • Hurricane Harvey.  The city’s of eminent domain to re-purchase flood plain areas
  • High Speed Rail. Whether Central Texas Rail will be authorized to use eminent domain to obtian lands for its rail and stations.
  • Roads. Always, roads. More people = new roads and expanded roads.

Attorney General Opinion in the Bluebonnet State. Property Rights and RVs.

In Texas Attorney General Opinino Rquest, RQ-022-KP, we’re going to find out what property rights an RV has and what property rights a park owner has.

Get your arguments ready for the Attorney General.

Get your drafting pencils ready to write the bill to fix the opinion. 

Who requested the opinion: Charles Perry

The question for the Attorney General Opinion: whether recreational vehicle park guests-transient or temporary guests-are licensees or tenants

What arguments does the opinion request make?

  • There is no consistency under TExas law onw hether RVs are treated as tenants or licnesees at RV parks
  • Licensees are how hotel guests are treated and references the transient nature
  • The TX Water Code refers  RVs as transient
  • The TX Transportation Code doesn’t use the word “transient” but refers to “not permanent”

Local TREND. Stadium Opposition and Eminent Domain. 3 Opposition Arguments.

The stadium: FC Cincinnati

The opposition Op-Ed author: A former Cincinnati mayor and founder and CEO of the Center for Closing the Health Gap

The eminent domain problem:

  • History is a problem. 
    •  In the 1950s 26,000, mostly minority residents, were displaced from eminent domain for an redevelopment project
    • When I-75 was expanded, the same displacement of minority residents occurred
  • Relocation never occured. The 1950s eminent domain use did not bring relocation to fruition
  • There was no redevelopment.  The same are remains economically repressed.

Cincinnati.com | Opinion: Why opposition to FC Cincinnati is about more than just a stadium

 

Eminent Domain TREND. Sunsetting eminent domain for private gain. +1 Bill Signed by a Governor.

South Carolina Governor signed S1101 (2018) that extends the ban on eminent domain for private or publicly traded pipeline companies.

The ban on eminent domain was set to expire and has been extended to November 30, 2020.

Berkeley Independent | Lawmakers continue work on electric power reform

Campaign TREND. Republican Governor Candidate in the Cherokee Rose State. Test for Eminent Domain

State: Georgia

The Republican Candidate for Governor: Hunter Hill, a former State Senator 

His proposed test for granting eminent domain authority to a private entity:   a net benefit to the taxpayers before eminent domain can be given to private entities

WABE | Meet Republican Gubernatorial Candidate Hunter Hill

Local TREND. 3 Reasons a City Chopped its Short Term Rental Ordinance.

The City: Cochella

The short term rental ordinance provisions that were chopped: inspections and a $60 licensing fee

The reasons for eliminating inspections and fees:

  • The economic impact for the Cochella festival
  • entrance barriers may stifle economic development and opportunities for city tourism revenue
  • Cochella retained the need for property owners to obtain a business license for $100

Desert Sun | Coachella cuts short-term rental inspections and license fee days before festival

Texas Attorney General Opinion. Private Property Rights.

Texas Attorney General Opinion Request: RQ-0219-KP

Requestor: Lyle Larson

Question the Attorney General Office is to answer:  Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?

Blight Trend. Is negotiation required first? Blight Statute. Development. Property Rights Supporters. The Wood Violet State.

State: Wisconsin

Development Project: FoxConn Manufacturing Plant

What’s happened to the property in the FoxConn path?

  • most property owners have not entered into negotiations
  • blight designations were prescribed by the Mount Pleasant Community Development Authority

4 Requirements  for Blight Designation in Wisconsin

  • property cannot be owner occuppied
  • property cannot be occuppied by the owner spouse
  • property cannot be occuppied by an individual related to the owner by blood, marriage, or adoption within the 4th degree of kinship
  • crime rate in, on, or adjacent to the property is at least 3 times the crime rate in the remainder of the municipality in which the property is located.

Opponent Response:  If board members vote for blight, then they should resign

Wisconsin Gazette | Community group: Mt. Pleasant board members should resign if they vote to blight homeowners in Foxconn zone

Property Rights TREND. Property Rights in Taxi Licenses. Local Trend begets Legal Trend Begets Lege Trend.

Local Trend: Local Ride Share Ordinances

Legal Trend: In San Francisco, Financial Institutions are suing over the loan value of the city’s $250,000 taxi medallions which local ride share ordinances diminished the value of the medallions

Lege Trend: Leveling the playing field so that ride share and taxis are regulated equally

ABC 7 San Francisco | Credit union suing San Francisco over ‘worthless’ taxi medallions