Legal Trend: Are all Waterways Open to the Public? No, not up north.

The Court: South Dakota Supreme Court

What issue was the court trying to address: Whether all water was accessible to the public if it could be reached without trespassing on private land?

What did the Court say?  

  • The legislature has considered this issue 3 times since 2004 and hasn’t passed any bill on the topic
  • Forbids Game Fish &Parks from facilitating access to the public on waters and ice over private property
  • Game Fish &Parks, the state agency, doesn’t have the legal authority to allow people access to flooded waters or ice over private property without legislative approval.

What did private property rights advocates say about the ruling?

  • Game Fish & Parks, the state agency, was motivated to “open additional lands to hunting and fishing without seeking legislative approval.”

Argus Leader | High court strikes victory for private property rights

How many 2017 Special District Bills Deny Eminent Domain?

10+ local bills can still be filed after March 10th.

HB 4271  Relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

SB 2244  Relating to the creation of the University Hills Municipal Management District; providing authority to issue bonds; providing authority to impose assessments or fees.

SB 1996  Relating to the creation of the Rio de Vida Municipal Utility District No. 1; providing authority to impose a tax and issue bonds.

HB 3173  Relating to the creation of the East Lake Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

HB 3136 Relating to the creation of the Windsor Hills Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.

HB 2744  Relating to the creation of the Channelview Improvement District; providing authority to issue bonds; providing authority to impose fees and taxes.

SB 956 Relating to the creation and operation of a park and recreation district in counties that share a border on the San Marcos River and to the authority of the district to collect fees and issue bonds; creating a criminal offense.

HB 922  Relating to the creation of the Southwestern Travis County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees.

SB 1361  Relating to the powers and duties of the Sabine-Neches Navigation District of Jefferson County.

HB 2952 Relating to the powers and duties of the Sabine-Neches Navigation District of Jefferson County.

 

How many 2017 Texas Lege bills mix special districts & eminent domain?

36+ local bills can continue to be filed after March 10th

HB 1056  Relating to the powers and duties of certain water districts, including the power of eminent domain.

SB 2139  Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense.

HB 1986  Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense.

HB 4268    Relating to the creation of the Celina Municipal Management District No. 2; providing a limited authority of eminent domain; providing authority to impose taxes, levy assessments, and issue bonds.

HB 3219 Relating to the powers and duties of the Meyer Ranch Municipal Utility District of Comal County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2851  Relating to the creation of the Onion Creek Watershed Hays and Travis Counties Flood Control District No. 1; granting a limited power of eminent domain; providing authority to impose assessments and fees.

SB 1198 Relating to the conversion of the Hays Caldwell Public Utility Agency to the Alliance Regional Water Authority; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.

 HB 2540 Relating to the conversion of the Hays Caldwell Public Utility Agency to the Alliance Regional Water Authority; providing authority to issue bonds; granting the power of eminent domain; providing authority to impose fees.

SB 914   Relating to the creation of the Kendall County Water Control and Improvement District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1523  Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

HB 1455 Relating to the creation of the Harris County Municipal Utility District No. 552; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 2245  Relating to the creation of the North Hays County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 4273 Relating to the creation of the North Hays County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 4272   Relating to the creation of the Harris County Municipal Utility District No. 554; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1526 Relating to the creation of the Montgomery County Municipal Utility District No. 158; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
 

HB 2912   Relating to the creation of the New Fairview Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1261 Relating to the creation of the Montgomery County Municipal Utility District No. 157; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2687  Relating to the creation of the Lago Bello Municipal Utility District No. 1 of Harris County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2681  Relating to the creation of the Blaketree Municipal Utility District No. 2 of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2625 Relating to the creation of the Montgomery County Municipal Utility District No. 158; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2624 Relating to the creation of the Montgomery County Municipal Utility District No. 157; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2566 Relating to the creation of the Denton County Municipal Utility District No. 9; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1118 Relating to the creation of the Blaketree Municipal Utility District No. 2 of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1043 Relating to the creation of the Brazoria County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 1042 Relating to the creation of the Brazoria County Municipal Utility District No. 69; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 996 Relating to the creation of the Trinity Lakes Municipal Utility District of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 995 Relating to the creation of the Montgomery County Municipal Utility District No. 154; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2134 Relating to the creation of the Trinity Lakes Municipal Utility District of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2075 Relating to the creation of the Cresson Municipal Utility District No. 1 of Hood County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 2031  Relating to the creation of the Cresson Crossroads Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1963 Relating to the creation of the Brazoria County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1962 Relating to the creation of the Brazoria County Municipal Utility District No. 69; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 905  Relating to the creation of the Cresson Crossroads Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

SB 904Relating to the creation of the Cresson Municipal Utility District No. 1 of Hood County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1440  Relating to the creation of the Montgomery County Municipal Utility District No. 154; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

HB 1331 Relating to the creation of the Fort Bend County Municipal Utility District No. 224; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

 

 

Private Property Rights. Sunshine State Super Short. Super Powerful Bill on Vacation Rentals.

 A local law, ordinance, or regulation may not restrict
  the use of vacation rentals, prohibit vacation rentals, or
  regulate the duration or frequency of rental of vacation rentals
  based solely on their classification, use, or occupancy. This
  paragraph does not apply to any local law, ordinance, or
  regulation adopted on or before June 1, 2011.

Florida HB 425 (2017)

Sunshine State News | House Committee Approves Bill to Deregulate Vacation Rentals

 

HB 2556 Property Damage Cost Recovery. 4 Points from The Author

  • Property Rights are Sacred
    • ​“As a small business owner and real estate broker in Texas, I know firsthand that property rights are one of the most sacred liberties that Texans enjoy,” Holland said. 
  • Fair Market Value Offers will cut court costs
    • “HB 2556, my component of eminent domain reform, will empower property owners and commission condemning authorities to extend fair market value offers to deserving landowners, additionally saving our state from frivolous administrative appeals costs by cutting out the tiresome back-and-forth of the broken process.”
  • Burden should not be in the property owners to replace their own property
    • ​a public condemning authority should be required to appraise the replacement costs to landowners of structures lost in the action. 
  • Eminent Domain transactions should be priced like private transactions
    • “The result is an undue burden on property owners who often receive an amount that is less than what could be recovered in a private transaction,” Holland said. 

Royce City Herald Banner | Holland files House Bill 2556

How the Palmetto State Frames No Eminent Domain for Private Gain

What’s happening in South Carolina? The South Carolina Legislature is headed to restrict or limit eminent domain for pipelines.

This is how the Republican Chairman of the Substantive Committee is framing the issue:

  • “Regardless of what we do with eminent domain” (a ban or harder regulator standards)
  • “the pipeline companies can still negotiate with landowners”
  • “to purchase an easement or right of way, or buy the property outright” (pipelines have options)
  • “We are talking about private, for-profit, unregulated companies having the power of government to take or force easement on the landowners.”
  • “I don’t support keeping pipelines out of the state, but this should create a level playing field,”

The South Carolina balancing test being reflected in other states:  We want pipelines/transmission lines/name your priavet entity eminent domain But we need a level field for private property rights.

Augusta Chronicle | SC lawmakers consider future of eminent domain, pipelines

2 Show Me State Bills Restrict Utility Use of Eminent Domain.

The Missouri 2017 Bills: H.B. 640 and H.B. 795 

What the bills do:

  • restrict utility easements
  • limit eminent domain
  • require new projects to use existing easements
  • run any new routes along property boundary lines
  • requires agreement of 60% of landowners before using eminent

KTVO | Walker leads capitol rally on “Stop Eminent Domain Day”