Lege Trend: Give Local Government Authority to Use Eminent Domain to Buy Private Utilities

Loyal subscribers have seen this trend as towns in Montana and California have moved to purchase by eminent domain private water utilities that aren’t providing a cost effective service to its citizens.

But, now the trend shifts to the Legislature. Which state legislature is moving language that allows local governments to use eminent domain to buy private utilities? Florida

What motivated the legislator to move forward with this new eminent domain authority?

  • Constituents were ” being forced to pay rates that are much higher” than other residents of the same county
  • The Constituents paid higher rates and experienced 

What triggers will the law have to allow the governments to buy private utilties?

  • 65 percent of the customers sign a petition to initiate revocation of the utilities ability to operate
  • the local government will have access to low-interest financing for utility acquisitions

Tampa Bay Times | Bill seeks to ease Summertree utility sale

Legal Trend: No Eminent Domain to Private Company that Does not Provide a Public Benefit Within the State.

Where did a state Supreme Court deny eminent domain power to a pipeline? Kentucky.

What do legal pundits say was the issue triggering the denial of eminent domain authority? That the pipeline isn’t regulated as a utility under Kentucky law.

Why wouldn’t a pipeline be regulated under Kentucky law? Because Kentucky law restricts regulated utilities to those operating within the state. The proposed pipeline would traverse the state but not deliver goods, therefore wouldn’t operate, in the state.

89.3 WFPL | Kentucky Supreme Court Won’t Take Up Bluegrass Pipeline Challenge

Courier Journal | Bluegrass Pipeline loss big win for landowners

Eminent Domain & Stadiums Trending. 2 Keys to Know Now.

  • Trump jabbed Bush over the use of eminent domain by the Texas Rangers ballpark in the early 1990s. 
  • One family sued over the taking of their property for the Ranger Stadium and was awarded $7.1 million.

Dallas Morning News Sports Day | How Donald Trump used the Texas Rangers’ ballpark to take a political jab at Jeb Bush

New Zealand Sportal | The Donald, Jeb! butt heads over Rangers’ ballpark

NBC Sports | Donald Trump, Jeb Bush, Eminent Domain and the history of the Rangers Ballpark

Ft. Worth Star Telegram | Trump, Bush tangle over eminent domain and Rangers ballpark

Independent Journal | Jeb Went After Trump on Eminent Domain — Now the Donald is Bringing up ‘W’

 

 

State Eminent Domain Power for Rail has 1 Congressman Calling for A.G. Paxton to Act. 5 Key Points.

  • Congressman Kevin Brady is encouraging legislators to seek an A.G. Opinion on high speed rail in Texas
  • What’s the issue that has Brady up in arms? Eminent Domain. Specifically state granted eminent domain powers.
  • Who recevived the letter from Congressman Brady? 
    • Charles Schwertner
    • Trent Ashby
    • John Otto
    •  Leighton Schubert
  • What is Congressman Brady’s concern? Whether the rail works for local communities, and he does not believe a rural train route works for local communities
  • its not Congressman Brady’s first rodeo, he was similarly proposed during a rail proposal in the 1990s.

KBTX | Congressman calling for attorney general’s opinion on high speed rail through the area

INTERIM. Property Rights. Water Rights. 3 Points from TX Farmers & 1 State Rep.

  • non-farmers calling rural landowners’ water rights a “gold mine” displeases farmers
  • compensation for taking water is not the solution
  • creating a water market is ” shortsighted and selfish”

“I look forward to working with my constituents and concerned citizens from all over the state to develop legislation that would promote the long-term welfare and prosperity of our communities, including exploring opportunities for conservation technologies to reduce demand and lessen our reliance on groundwater,” concluded  State Representative Cyrier.

Texas Farmers Tell Legislators to Stop Mining Our Water

INTERIM. SHARING ECONOMY. Property Ownership Fairness Act. 4 Things to Know Before the Activists Arrive.

The Goldwater Institute & CATO  are pushing the Property Ownership Fairness Act that:

  • “requires government to pay you when regulations take away your right to use your property and reduce the value of your property.”
  • allows for regulation and the use of eminent domain but there has to be notice, so if the government changes the rules of the game, then the property owner should be compensated
  • it’s modeled after Arizona’s 

What does this Act apply to? Short Term Rental ordinances. Bonjour HomeAway, AirBnB, and the like…

Goldwater Institute | Tourist Trap: Rental Property No Vacation for Owners

CATO | Property Ownership Fairness Act: Protecting Property Rights

Ricochet | Conservative Conversation & Community | Property Ownership Fairness Act: Protecting Property Rights

Lege Trend: No Eminent Domain without 80% Land Owner Consent. 3 Point Legislation from Red State.

South Dakota legislature is considering SB 145 which would:

  • Require any UTILITY before it receives eminent domain approval BEFORE PERMITTING
  • To obtian consensus from 80% of the affected land owners
  • Applies only to PRIVATE entities

Dakota Free Press | SB 145: Legislature to Consider DFP 80% Agreement for Eminent Domain

Lege Trend: Private Property Rights. Requiring Insurance for Drones. 3 Bits of Informed Intel before this comes to Texas.

A proposal in California would require drone owners to carry insurance for their drones. it even has a catchy name, The Drone Registration/Omnibus Negligence-prevention Enactment (DRONE) Act.

The bill’s requirements:

  • requires hobbyists to obtain a physical or electronic license plate for identification purposes
  • requires a small insurance fee at the time of purchase for any future damage or injury associated with the drone
  • requires drones of a certain size to be equipped with GPS and emergency shutoff capabilities

Why require drone registration and insurance?

  • drones can cause property damage
  • if cars have to be registered and have insurance, so should drones
  • drone owners should be financially responsible for damages (including invasion of privacy)

Governing | 7 Tech Policy Issues to Watch in 2016

Legal Trend Cities Cannot Block Anti-Eminent Domain Signs

Which court ruled that anti-eminent domain signs can’t be prohibited? The 4th Circuit Court of Appeals

What was their ruling? The sign ordinance is a content-based regulation that does not survive strict scrutiny. That’s lawyer code for the ordinance violates the 1st amendment. 

What did the city argue to support their ordinance? That the ordinance is content nuetral and applies equally to all messages.

Central Radio Co. Inc. v. City of Norfolk, No. 13-1996 (4th Cir. Jan. 29, 2016)

Inverse Condemnation | City Sign Ordinance Violates U.S. Constitution

U.S. Supreme Court Will hear Case on Eminent Domain Compensation in 2016. Remember what sates did post-Kelo? Be Prepared.

The compensation issue that property rights advocates want the U.S. Supreme Court to decide this spring- if a portion of land is taken, is the compensation considered only on that single piece of property or are adjacent lands considered?

Law 360 | High Court Eminent Domain Case May Offer States Clarity

Murr v. Wisconsin