Land as Infrastructure. 3 Points from the Texas Agricultural Land Trust

84% of Texas land base is farm, ranch or timber and Texas legislators and regulators should think of land as infrastructure like:

  • Colorado that dedicates lottery revenue to private land conservation
  • Ohio that allows municipal water utilities  to get lower interest rate on loans for plant upgrades in exchange for funding land protection
  • Better funding of the  Texas Farm & Ranch Lands Conservation Program

Trib Talk |Blair Calvert Fitzsimmons|  Land is the state’s most critical infrastructure

UPDATE. 3 Legislative Fixes to Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota Legislature is considering HB 1184 (2018) that will move cow manure through new pipelines.

3 Legislative fixes to secure private proeprty rights have been suggested:

  • Provide for compensation to a landowner for the use of private property based on a royalty system
  • Require a legislative finding that “a private landowner’s property rights may be infringed in order to preserve the general public welfare (not private welfare.)”
  • Require the eminent domain process make a “finding that property rights may be imposed upon to preserve the general public welfare.”

Green Sheet Farm Forum | Ganje: Dispelling the myth that South Dakota is a private property state

 

Refreshing your recollection, Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?! 

Campaign TREND. 4 Republican candidates TXHD 14. 4 Different Opinions on Property Rights.

Davis:  Eminent Domain should not used by private entities

Laningham:   No eminent domain for the bullet train, which is not a public benefit

Raney:  taking someone’s property should be a respectful negotiation that satisfies the landowner

Texeira: follow the law and properly compensate landowners, otherwise landwoners should get a good lawyer

 

Bryan Eagle | Rep. John Raney faces three GOP challengers for District 14 House seat; One Democrat running

Legal Trend. Private Property Rights Claims in Texas Deer Breeder Rules.

What’s the background?

  • Texas Parks and Wildlife Department promulgated rules to curtail chronic wasting disease
  • Some deer breeders sued to stop the rules.
  • Lower Court upheld the rules
  • An appeal by deer breeders alleges property rights violations

What are the property rights claims in the appeal to the 3rd Court of Appeals? 

  • There is a property interest in deer breeding
  • There is a property interest in Texas Parks and Wildlife licenses
  • The Texas rules refer to deer as “private property”

As private property, the rules amount to a taking of private property without just compensation.

Deer Breeders brief to the 3rd Court of Appeals

Statesman | Texas deer breeders challenge ruling on state’s disease regulations

Legal Trend. Nuisance Litigation = Eminent Domain Use? New Tort Issue.

Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.

A public nuisance in California can be remedied by taking the property by eminent domain. 

A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions,  mandatory disclosure on real estate transactions, and a listin gin a public data base.

Legislative solution:

  •  Healthy Homes and Schools Act, a November 2018 ballot proposition
  • Healthy Homes and Schools Act would preempt the court decision
  • Healthy Homes and Schools Act provides $2 billion in funding

Sacramento Bee | The courts are risking California home values. Lead paint measure just aims for a fix

 
 

Private Property Rights. City prohibits Gardening. Bill Adds to State Preemption TREND.

The City Ordinance: Miami Shores, FL prohibits front yard vegetable gardens and places a fine of 450/day for people with productive front yards

The State Preemption: SB 1776

SB 1776 does 3 things:

  • Establishes a state interest in sustainable cultivation of fruits and vegetables
  • Prohibits local regulation of vegetable gardens
  • Existing local regulations are void and unenforceable

Miami Herald | Supreme Court settles food fight, leaves ban on front-yard veggie gardens intact

 

Increasing Trespass Penalties & Fees to Protect Property Rights. Read the Bill from the West.

Idaho is considering RS26114 | HB 536 that will set trespass fees:

  • $50 to $500
  • increased fees for intentional trespass
  • a 3rd offense would be a felony

The bill’s author, a rancher, said of current trespass laws:

  • the laws are a patchwork
  • the orange markings property owners are required to put up every 660 feet are onerous
  • recreational trespass penalties are higher than criminal trespass penalties

  in addition to streamlining penaltiesalso requires:

  • property owners to mark property at property boundaries, access points and streams.

AP | New Bill Would Tweak Idaho’s Trespassing Laws

Spokesman Review | Trespass 3 times and you’d face a felony under new Idaho proposal

 

3 Reasons an Editorial Opposes Eminent Domain for Affordable Housing

The North Jersey editorial board opposed the taking of private property by a for-profit developer to build between 22 and 29 low- to moderate-income apartments in a mixed use retail and market rate housing development.

The opposition:

  • Affordable housing is not a public use for eminent domain
  • Its iffy if the properties taken are blighted
  • handing private property, seized by emient domain, to a private developer doesn’t fly

North Jersey | Editorial: In Emerson, eminent domain or land grab?  

Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota’s House transportation Committee moved out HB 1184 (2018) that will move cow manure through new pipelines.

What’s the opposition to cow manure pipelines?

  • opposition rooted in the new grant of eminent domain authority
  • its expanding eminent domain to something that isn’t an utility & doens’t serve a public use

How would these poop pipelines work?

  • pipelines of animal manure from one farmer
  • would run through neighbors’ road ditches
  • to bring fertilizer to farmed fields

What do supporters say?

  • improves safety on rural roads
  • reduces road wear onn rural roads
  • 1 pork producer says he annually pumps 4.5 million gallons of animal waste, or enough to fill 700 semi trailers

Watertown Public Opinion | Piping livestock waste along highway ditches divides state legislators