Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

Anatomy of a Property Rights Group Opposition to Local Land Use. 5 New Preemption Bills + 3 Inverse Condemnation Compensation Standards

Where: La Plata County Colorado

The land use resrictions the La Plata Liberty Coalition Opposes:

  • County regulation of building height
  • County regulation of exterior facade colors
  • County regulations of screening structures and minimizing impacts on views
  • County regulations providing visual breaks to any structures’ facade
  • County regulations to avoid monotonous roof planes

3 County regulation topics that require just compensation:

  • requiring “open vistas”
  • preserving “scenic corridors”
  • “aesthetics” 

OpEd La Plata Liberty Coalition | Durango Herald | Fossel; Getting it right! La Plata Liberty Coalition takes on the land-use code

Local TREND. Cities Outsourcing Code Enforcement. Private Property Rights Lawsuit Emerges. Bills Drafting.

First comes private property rights lawsuits, then comes legislative reponse.

Which local government? Indio, California

What did Indio, California do exactly? A lawfirm became the city’s official prosecutor for code enforcement cases. The lawfirm’s pitch was that it wouldn’t cost the city a dime. 

What’s the private property rights angle? The lawfirm’s deal with the city allows the lawfirm to bill a property owner its full legal fees in a prosecution which creates a personal financial stake in the cases prosecuted

What’s a legislative response?

  • prohibit outsourcing enforcement
  • prohibit billing for attorney fees when outsourcing enforcement

Institute for Justice | Running Afoul of the Law

Activist TREND. Texas Conservative Online Eminent Domain Polling. 58% say No. No. No. More say Never for Private Entities.

online polling for eminent domain purports:

  • 58% oppose eminent domain use
  • 42% are yes and likely yes, but only if….

What qualifiers are offered for yes to eminent domain?

  • never for private projects
  • only for national emergencies
  • only if compensation is drastically above fair market place
  • fair compensation & a benefit for the community

isidewith | Eminent Domain Poll Results for Greg Abbott Voters 

Local Government TREND. +1 County Moves to Block High Speed Rail Eminent Domain

The County: Madison County Texas

The high speed rail project: Texas Central Partners’ Dallas to Houston High Speed Rail

What action did Madison County take to block any high speed rail eminent domain use in Texas?

  • county intends to maintain the roads for the use intended, and no other use

Madisonville Meteor | County takes stand on railway

Bill Drafting. Eminent Domain Compensation. 2 Standards to trigger Attorney Fees.

Attorney fee standards in eminent domain statutes are either:

  • reasonable attorney fees or costs
  • attorney fees and costs “actually incurred” *

* Courts may find “Actually incurred” means invoiced and not actually paid.

The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.

TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Nebraska: Eminent Domain Fee Statute Only Requires Reimbursement Of Fees “Actually Incurred” (So Unsupported Claim Is Right Out)

Move over trees and landscaping, welcome state law preemption of fencing ordinances. Read the bill.

State: Wyoming

The bill: WY SF 107 (2018)

How would state law preempt local fence regulations?

  • prohibit any county or town from passing a fence ordinance that violates current WY code

What’s an example of a blocked ordinance under this bill? If an ordinance required wildlife friendly fences, which is an issue in Teton County

Jackson Hole News Guide | Proposed change to fence law is dead

 

5 Big Property Rights & Eminent Domain Cases in Texas. Foreshadowing 2019.

 

 

 

 

Local TREND. Blight. In lieu of fines, court for blight. 3 Points from the ordinance.

City: Southington, CT

Current Blight process: Inspector visits, most property owners cure the problem. If not, police visit and issue citations with fines. 

New blight ordinance proposal: 

  • In lieu of fines and a police visit, the proposal is to send the unremediated blight directly to housing court. 
  • Any complaints are limited to complaints in writing. 

Southington Record Journal | Southington council considers housing court for blight cases

1 Reason Eminent Domain Cases May Move to Federal Court. US Supreme Court Watch.

The U.S. Supreme Court has agreed to hear Knick v. Township of Scott  which could overturn its ruling Williamson County Regional Planning Commission v. Hamilton Bank.

Why does this matter to state legislatures? As ABBA sings—-m oney, money, money.    Compensation standards and awards differ. 

Besides money, why should state and local officials care? Because vocal private property rights activists also want Williamson County overturned. 

 

Reason | Supreme Court Will Hear Important Property Rights Case

Breitbart |  Supreme Court Takes Two Cases that Could Scale Back Federal Power