Lege TREND. 2 Ways Belton TX Would Be Impacted by Annexation Bill + 1 End Run Around Annexation.

Belton, Texas City Manager says an annexation bull like 85R’s SB 715 would:

  • end annexation
  • if voluntary annexation were permitted it would:
    • allow the city & the proposed annexation area to vote
    • the carrot would be city utilitiies & services while the stick would be city taxes

Belton has used development agreements as a stop gap to halt annexation. 

Temple Daily Telegram | Belton may be impacted by special session annexation bill

Legal TREND. Hurricane destructions leads to Eminent Domain. Homeowners head to Court Against Beach Rebuilding.

After Hurricane Sandy, New Jersey Governor Chris Christie signed an executive order permitting eminent domain to rebuild New Jersey’s lost shore line.

The New Jersey Department of Environmental Protection bought easements with the backing of eminent domain to rebuild the shore.

Who is suing the State of New Jersey?

  • Property owners claiming that the state did not good faith to negotiate fair value prices for their homes
  • Several towns also sued the state, claiming existing bulkheads and rock walls are sufficient and the construction is unnecessarily marring property

The trial court and court of appeals sided with the state. 

Courthouse News Service | NJ Homeowners Lose Hurricane-Inspired Property Battle

 

Private Property Rights. Mile High Governor Signs Most Comprehensive Asset Forfeiture Transparency law. Big Stick for Local Law Enforcement Included, Carrot not Included

Institute for Justice, private property legal advocates of Kelo fame, say Colorado’s HB 17-1313, is the nation’s most comprehensive asset forfetiture reform.

HB 17-1313 will:

  • Require biannual reporting of the type of property seized, place of the seizure (e.g. which direction on a highway), if any criminal charges were filed in relation to the seizure, if the forfeiture was contested, and the final disposition of the property;
  • Require agencies to report their forfeiture expenditures in detail;
  • Require that all forfeiture reporting be posted to a public, searchable database; and
  • Impose $500 fines for failure to comply with the reporting requirements. If an agency has not complied within 75 days of the due date, it must pay either a $500 fine or 50 percent of the forfeiture proceeds it received during the reporting period, whichever is greater. 

Institute for Justice | With Governor’s Signature, Colorado Now Leads the Nation for Siezure and Forfeiture Transparancy 

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor. 

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

  • When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
  • Companies reap profits forver from eminent domain while landowners have a lifetime of inconvenience; and
  • States have the authority to limit eminent domain to governmental entities and for public uses only.

Wilson Times | Our Opinion: Pipeline land grab sets stage for limit on eminent domain

3 Points from a Texas Editorial. Trees & Property Rights. East Texas Says Follow the Houston Model.

A Tyler Morning Telegraph editorial supports:

  • The “Save or Trees” advocates neglect that tree ordinances are about “Save our Property Rights”
  • Senate Donna Campbell has it right- tree ordinances that control how property owners use their land is tantamount to a taking of property
  • Follow the Houston model and convert city owned lands to green spaces to prserve trees

Tyler Morning Telegraph | Editorial: We can protect trees and property rights at the same time

Pre-condemnation Access. Court Rules to Limit. State Moves to Change Laws to Mirror Ruling.

California Supreme Court limits the right to precondemantion access in that:

  • any claims arising thereof require can trigger a jury for compensation determinations &
  • that precondemnation access and inspection can, in and of itself, be a taking that is compendsable

 

To make the California Supreme Court ruling align with California Statutes, the California Law Revision Commission is recommending changes to the request code sections that will clarify the jury requirement for compensation.

Why do damages related to precondemantion access and inspection in California trigger a jury for compensation determinations? The California Constitution requires that compensation shall be “ascertained by a jury unless waived “

Property Reserve Inc. v. Superior Court 

California Law Revisions Commission | Eminent Domain: Precondemnation Activities

Private Property Rights. Tree Regulations make the 2017 Veto List.

Vetoed: SB 744 By Kolkhorst Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.

The Veto Statement Highlights:

  • Cities dictating trees is a “assault on provate property rights”
  • A compromise bill, like SB 744, cannot only offer ” a very minor restriction on some municipal tree ordinances”
  • state law shall not support “municipal micromanagement of private property”
  • ” we can do better for private property owners in the upcoming special session”

SB 744 Veto Statement

Local Trend. Agreements in Lieu of Annexation.

The local government: Decatur

The 5 year agreement in lieu of annexation would require:

  • City forgoes its right to annex the property
  • Property owner agrees that the use on the property will be the current use
  • Any other use of the property will be governed by the city’s rules and regulations with regards to development

Wise County Messenger | Agreements could delay some annexation

 

Lege TREND. Civil Asset Forfeiture. 3 Points from Colorado's newly Enacted Legislation.

Policy Goal: “Government should never keep assets seized from innocent people,”

The bill: Colorado House Bill 1313

What Colorado’s House Bill 1313 does:

  • uniform, biennial, and detailed reporting on property seizures by law enforcement
  • reported information must be available to the public online in a searchable format
  • limits receipts of seized proeprty from joint investigations with federal agencies

The Governor directed law enforcement funding to offset revenue lost from stricter civil asset forefeiture.

Denver Post | Gov. Hickenlooper signs controversial civil asset forfeiture bill, calls it “important first step” in addressing problems with practice

 

Legal Trend. Property Rights in Hunting Rights & Fishing Rights vs. pipeline environmental impact.

A judge in the District of Columbia ordered more environmental review of the Dakota Pipeline, including the impact a spill would have on hunting and fishing rights.

The specific hunting and fishing rights relate to rights reserved by the Standinf Rock Souix tribe  on Lake Oahe.

Governing | Tribune News Service | After Oil Starts Flowing, Judge Orders More Environmental Review for Dakota Pipeline