Tennessee HB 2044 (2018) & Tennessee SB 2566 (2018) require annual reporting by the state Finance Commissioner concerning how much Tennesssee spends acquiring property via eminent domain.
Eminent Domain to Claim Statues from the Home of Purple Irises
Tennessee is considering a bill that would grant the state eminent domain authority, retroactively, over conferederate statues.
The Properties Act would apply to statues on land that the state government previously but not currently owns.
WMC 5 | Proposed bill could grant state eminent domain over Confederate statues
Transportation Eminent Domain Costs Trigger State Audit. 3 Catalysts. 4 Audit Recommendations.
California High Speed Rail, Phase 1, will face an audit after these 3 things happened:
- Projected costs for phase 1 of California’s high speed rail have risen by $3 Billion
- A bipartisan group of legislators requested a formal audit
- Concerns that the project will need state subsidies
Due to the projected cost increase, the audit will make the following recommendations:
- how to accelerate the project’s timeline
- reduce costs and identify other sources of revenue
- best practices for approving contract cost changes, including eminent domain costs
- economic benefits of the project to communities
California Eminent Domain Project | HIGH-SPEED RAIL TO FACE AUDIT AFTER RISING COSTS
Private Property Rights + Local Sign Ordinances. 3 Points. City Sign Ordinance Revision from the Wood Violet State.
Kenosha, Wisconsin is re-working its billboard ordinance.
Kenosha is ooking to balance the interests of business v. public good v. property rights.
In this balancing act, Kenosha is looking at:
- 2015 US Supreme Court ruling that says signs can’t be regulated based on content
- Reed v. Town of Gilbert, AZ
- Future sign ordinances will cover everythign from ground level signs to billoards
- How to craft a sign ordinance that avoids costly litigation
Kenosha News | Digital billboards shine a light on Kenosha’s sign ordinance
Eminent Domain Protests at the Super Bowl. Stadium Sponsor is the Target. Seriously. Who. What. Where.
Who: Opponents to the Dakota Access Pipeline from Iowa + Indigenous Iowans and others from across the Midwest
Why: to protest the four-state pipeline eminent domain
Where: Protesting eminent domain at the Super Bowl in Minneapolis at the US Bank Stadium. U.S. Bank has a banking relationship with the pipeline company
Des Moines Register | Iowa environmentalists heading to Super Bowl to protest Dakota Access pipeline
Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?
A Louisiana Court ruled that Public Records Laws Not Applicable To Private Pipeline Company.
Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records
The Court’s response— there is no basis for applying open records requirements in this matter.
Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company
Legal TREND. Port Uses Eminent Domain to Buy Competing Port. The Courts Say Ports…
The Port had the power to use eminent domain on a 4:3 vote.
- This issue will be re-litigated during a re-hearing.
- The re-hearing will focus on whether if the condemning entity turns the property over to a private company to operate, is the eminent domain use justified?
As for compensation, the Port that was acquired didn’t receive just compensation.
The case: St. Bernard Port, Harbor v. Violet Dock Port, Inc.
Owners Counsel | Louisiana Supreme Court Decides St. Bernard Port, Harbor v. Violet Dock Port, Inc.
Blight Bill from the Home of the Red Carnation. Faster Clean Up in 4 Steps.
Ohio Legislature is considering HB 482 to expedite blight remediation.
HB 482 will:
- Cut in 1/2 the amount of time a property owner has to remediate blight from 60 days to 30 days
- Cuts in 1/2 the amount of time to hold a hearing on the property from 28 days to 14 days
- Cuts in 1/2 the amount of time a property owner has to remediate blight if there is an injunction from 30 days to 14 days.
- The evidentiary standard to show blight: preponderance of the evidence
Previous version included a “Local Blight and Nuisance Abatement Fund” that would allow local municipalities to boost enforcement and pay for cleanups.
Columbus Dispatch | House bill targets owners of blighted properties
New Private Property Rights. Property Rights in the Internet. 3 Key Points to Issue Coming to State legislatures.
What’s the issue: CATO, and libertarian groups, believe that there are private proeprty rights in the internet
What’s the rational for private property rights on the internet? the Communications Decency Act Section 230 “helps tech companies act non-neutrally toward user generated content on their platforms”
CATO highlights Texas Senator Ted Cruz’s opposition to finding private property rights on the internet.
CATO Institute | Why Is Sen. Ted Cruz so Opposed to Private Property Rights on the Internet?
Legal TREND. Property Right in Clean Air. State Supreme Court.
Hawaii Supreme Court has found a private property right in clean air.
What language did the Hawaii Supreme Court rely on to get here?
- Article XI, Section 9 of Hawaii Constitution provides for “the right to clean and healthful environment, as defined by laws relating to environmentl quality”
- Article 1, Section 5 of the Hawaii Constitution provides for “no person shall be deprived of life, liberty or property without due process of law.”