4 Sovereign Nations Opposing Eminent Domain with a boost from the 10th Circuit. Mexican De-regualtion in the mix.

4 Native American tribes signed an agreement opposing eminent domain–the ability to buy your land.

While Native American soveriegnty is murky, it got a boost this week via a ruling from the 10th Circuit.

Where this will be most interesting will be when eminent domain is sought over lands held by or held in trust by native american tribes. That’s anthing from the Keystonr XL protests to the Native American lands between the Permian Basin and the Mexico border.

Esquire | People Shouldn’t Buy the Right to Steal Your Land

Murphy v. Royal, Nos. 07-7068 & 15-7041 

Private Property Local Government Trend. Paying Property Owners to Go Green. Procurement Opportunity.

NYC Department of Environmental Protection has recommended a plan to pay private proeprty owners to go green. 

How would this work?

  • “ Restructuring water rates to shift costs to properties that generate relatively large amounts of runoff, and away from those that generate a relatively little.”
  • Contractw ith a 3rd party administrator for a Green Grant Program that would provide financial incentives to property owners that go green.

NRDC | Paying Private Property Owners in NYC to “Go Green”

 

TREND. Statewide Short Term Rentals. Prohibiting Local Prohibitions.

Michigan’s Senate Bill 329 and House Bill 4503 prohibit local governments from creating anti-short term rental ordinances. 

How are these bills keeping short term rentals alive?

  • The bills prohibit cities from restricting short-term rentals in residential districts
  • The bills also do not allow cities to define a property renting for less than 28 days as a commercial use, a method some cities use to stop short term rentals.

News Review | Bills would prohibit bans on short-term rentals

Legal TREND. State Supreme Court. Restrictive Covenants Can Trigger Takings.

Kansas Supreme Court ruled in late July 2017 that a violation of a restrictive covenant by an entity with the power of eminent domain is a taking requiring compensation requiring just compensation.

Thats a lot of legal words, what does it mean? In this Kansas case it means that Kansas DOT acquired land that was restricted to single family homes via restricted covenant. When KSDOT builds a bridge or roadway on that land it creates a compensable damage to the subdivision that created the restrictive covenant.

Creegan v. Kansas, 391 P.3d 37 (Kan. 2017)

Gov. Abbott 3 Reasons Forced Annexation is UnTexan

What does Governor Abbott literay techniques are used to describe forced annexation in his opinion piece, Forced Annexation is Un-Texan?

  • forced annexation is piracy by government
  • it is also tyranny of taxation without representation
  • by jolly, liberty does not end at city limits

He goes on to write that Forced Annexation harms the property rights of those annexed by:

  • debt liability. making newly annexed residents repsonsible for the city debt that they did not approve
  • there needs to be a vote. property owners should have an “actionable outlet” 
  • everyone else is doing it. Texas should join the masses and prevent forced annexation

Southeast Texas Record | Governor Greg Abbott: Forced Annexation Is Un-Texan