Oakland Mayor Schaaf intends to use eminent domain to prevent the Raiders from moving to Las Vegas.
Sound far fetched? Oakland has used the same tactic before.
Oakland News Online | Mayor Schaaf Announce Plan to Take Oakland Raiders
Lege Trend. Attorney Fee Awards Green Light with interesting exception.
State: Michigan
Bill language from Michigan:
SEC. 6. IF A COURT DETERMINES THAT GOVERNMENT ACTION BY A DEPARTMENT OR AGENCY RESULTED IN A CONSTITUTIONAL TAKING OF PRIVATE REAL PROPERTY AND THAT THE DEPARTMENT OR AGENCY DID NOT COMPLY WITH SECTION 4 IN REGARD TO THE REAL PROPERTY, THE COURT SHALL ORDER THE DEPARTMENT OR AGENCY TO PAY THE PRIVATE REAL PROPERTY OWNER FOR HIS OR HER REASONABLE ATTORNEY FEES AND COSTS. THIS SECTION DOES NOT APPLY IF THE GOVERNMENT ACTION WAS AN IMMEDIATE RESPONSE TO AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY AS DESCRIBED IN SECTION 5.
What triggers attorney fees? Both eminent domain and an inverse condemnation
What exception did they add? Attorney fees are not triggered if the action was an immediate response to an immediate threat of public health and safety.
Eminent Domain Compromise. Public Need Permit with Citizen Appeal.
The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:
- requires a 2 step permit process
- Permit #1 is environmental and for the length of the entire pipeline
- Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
- the permits can be appealed by citizens when the permits are granted
Savannah Morning News | Georgia lawmakers pass compromise pipeline bill
Why did Nevada Join Property Owners in a US Supreme Court Eminent Domain Case?
Let’s get the big issue disposed with first- did Texas file a brief supporting property owners? No. Negatory. Not happening.
So what interest does Nevada have? The case is very important to states federal lands where the feds often try to restrict the use of state-owned lands that abut federal land
Why does the federal control of land in Texas sound fmailiar? Yes, because Texas had that issue along the red river.
Elko Daily Free Press | Commentary: Why Nevada joined a Wisconsin property rights case
Lege Trend. Legislatures declaring certain projects are not public use.
Maine Public Utilities Commission’s staff is urging a statewide ruling that underground storing og liquified natural gas is not in the public interest.
The impact of these types of actions: No eminent domain authority.
Maine Public Radio | Proposals to Store Natural Gas Criticized
Lege TREND. End Run Around Kelo with Blight Redevelopment.
What’s happening in Georgia?
- In 2006 Geogria passed Kelo based eminent domain reforms
- In 2017, the Georgia Legislature has passed a bill to allow property to be acquired by eminent domain and to be transferred to a private developer if the property is blighted
Atlanta Constitution Journal | Watchdog: Georgia bill lets cities take blighted land for developers
Private Property TREND. Statewide Vacation Rental Regulations from the Sunshine State.
Which state agrees local control is very 1995? Florida
What is Florida’s legislative hisotry with vacation rental bills?
- In 2011 Florida bafrred local regulation
- In 2014, Florida Legislature returned some control to cities
- In 2017, Florida is moving legislation to regain statewide control
What are supporters saying in 2017? That city regulations are infringing on property rights
What’s the 2017 legislation look like?
- invalidates any city ordiannce enacted after 2011
- returns vacation rental statutes to full preemption
What groups are supporting statewide regulation?
- Florida Chamber of Commerce
- Florida Association of Realtors
WFSU | House Lawmakers Advance Bill Barring Local Regulation Of Vacation Rentals
2 Ways Austin's tree Ordinance violates Private Property Rights. +1 Solution
TPPF lays out 2 ways by which Austin’s heritage tree ordinance violates private property rights:
- Tree ordinances are effectively seizing private proeprty without compensation
- Control over natural resources dates back to the origin of private property rights
The legislative solution: explicit statutory authority “that landowners own all the trees and timber on their land while also prohibiting a governmental entity from creating these kinds of regulations”
Statesman | Commentary: Austin tree ordinance violates private property rights
County has to be Granted Quick Take Authority By the State for Each Project. Name the State…
…Illinois
For a county to build a connector road project, the county has to receive authority for a quick take eminent domain from the state.
Once quick take eminent domain authority is granted, the county has 1 year to exercise eminent domain.
Herald & Review | Macon County awaits state action on eminent domain authority
Eminent Domain and the Texas Border Wall. 3 Key Points.
- The President’s budget proposal includes $4.1 billion for land acquisition & 20 new DOJ attorneys
- DHS offered $1200 for 1.2 acres from a land owner
- The notice land woners received was entitled “Declaration of Taking.”
Texas Observer | Texans Receive First Notices of Land Condemnation for Trump’s Border Wall