TREND. Eminent Domain Moves to PopCulture.

2017- the year eminent domain went pop culture. Book reviewing Kelo, a film called Litle Pink House making the film festival circuit, and a play in Nebraska about eminent domain and a pipeline. 

Small town hokey play? No. It was a finalist in 2016’s prestigious Eugene O’Neill National Playwriting Competition

Omaha World Herald | Omahan’s play about pipeline battle will have its world premiere at Omaha Community Playhouse

4 Cities. 4 Different Ways of Using Data to Track and Stop Blight.

  • New Orleans. Digital scorecard streamlined the process post-Katrina.
  • South Bend. Made the process more transparent. More information to the public sparked significant improvements in the city’s code enforcement process.
  • Detroit. mobile application aptly called “Blexting,” allowed 150 residents and volunteers surveyed the entire city to compile the database and citywide property map
  • Cinncinati. predictive modeling allows for early intervention by building inspectors

Government Technology | Battling Blight: Four Ways Cities Are Using Data to Address Vacant Properties

Court. Public Property Rights. Local Sheltering.

A federal court in Houston found Houston’s homeless ordinance against public camping unconstitutional.

The Court opinion includes: “”Enforcement of the city’s ban against the plaintiffs may, therefore, cause them irreparable harm by violating their Eighth Amendment right to be free from cruel and unusual punishment due to their status of ‘homelessness,'”

Texas Lawyer | Federal Judge Halts Houston’s Homeless Ordinance Banning Public Camping

Legal TREND. Does a permit requirement equal a taking?

No, nej, nyet! An appellate court in California decided 2 issues against a billionaire landwoner and neither of which is a taking:

  •  requiring a California billionaire to be permitted to provide beach access to a long used surfer spot is not a taking.
    • Why isn’t this a taking? No permit has been applied for yet.
  • an injunction that requires that the surfers have access to the beach is also not a taking.
    • Why isn’t this a taking? because in the injunction is temporary

Eminent Domain Report | California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

Legal Trend. More Input on Grants of Eminent Domain Authority. Bigger Voice for Local Governments.

Missouri’s Western District Court of Appeals held that all counties along the Grain Belt Express, wind transmission line, must approve the project.

Appeal of this ruling has been declined by the state supreme court.

Missouri’s Public Service Commission relied on this ruling  to deny approval until all counties sign off on the plan & it is said to impact other transmission lines and Pipelines.

St. Louis Post Dispatch | Despite giving vocal support, state regulators again deny Grain Belt Express transmission line, citing court ruling

Local Gov. TREND. Wisconsin County took what action to stop eminent domain?

The Wisconsin County: Wood County, WI

What did Wood County Board of Supervisors do? Pass a resolution calling on the Legislature to prohibit  a specific energy company from having the power of eminent domain

The Activists behind it: 80 Feet is Enough, who argue that the existing 80 feet of pipeline easement is enough, more land shouldn’t be taken

The Legislative goal: to give property owners the value of their land back

Wisconsin Public Radio | Wood County Passes Resolution To Keep Oil Company From Seizing Land

 

A mayor. A Stadium. 2 Types of Property that will be exempt from eminent domain.

The L.A. Clippers need a new stadium. New stadiums take land and can use eminent domain, except when the elected officials say no, hell, no…

Bonjour to Inglewood Mayor James T. Butts Jr. who said there would be no taking of:

  • residential property; and
  • no taking of church property.

L.A. Times | Possible Clippers arena has many Inglewood residents worried they may lose their homes or businesses

 

Local Trend. Private Property Rights. Short Term Rentals- you betchya!

St. Paul, Minnesota is moving forward with new short term rental rules that would:

  • limit the number of short term rental units in a home or apartment building to 1/2 or 4
  • Cap on number of renters at 4 unrelated (AKA the party cap)
  • City taxes must be collected
  • The caps have some wiggle room for large buildings that have limited use permits and owner occuppied & present short term rentals

What sparked the short term rental rules? The 2018 Super Bowl is being hosted by the Twin Cities.

Twin Cities Pioneer Press | As more apartments convert to Airbnb, St. Paul considers short-term rental rules

Editorial. 3 Reasons Eminent Domain for Pipelines is Unfair & UnAmerican

Lancaster County Pennsylvania is experiencing an uptick in eminent domain actions due to the Atlantic Sunrise gas pipeline. 

The Lancaster News Press Editorial board editorial opposed to eminent domain for pipelines makes 3 points:

  • The legal taking for corporate benefit is deeply unfair
  • The eminent domain process is stacked against landowners
  • Better yet, private companies using eminent domain isn’t only deeply unfair, it is UnAmerican.

Lancaster News Press | The use of eminent domain, while legal, seems eminently unfair in pipeline cases [opinion]