Let’s talk pre-textual takings

Recently the 2nd Circuit ruled in Brinkmann v. Town of Southold that taking property with the power of eminent domain, even if the taking’s pretext is for a passive park, a public park with no amenities, it is permitted. It was argued that the true/actual/real reason the land was taken was to prevent a big box hardware store from being built.

Reason | Second Circuit Rules that a “Passive Park” Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners’ Plan to Build a Hardware Store

Landowner Bill of Rights in South Dakota

Governor Noem has signed a package of private property protection bills that include:

  • House Bill 1185 which amends provisions regarding entry on private property for examination and survey of a project requiring a siting permit. 
  • House Bill 1186 which defines the requirements for granting a carbon pipeline easement.
  • Senate Bill 201 which provides new statutory requirements for regulating linear transmission facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.
  • Senate Bill 177 which permits the appointment of a circuit court judge or Supreme Court justice as a member of the Public Utilities Commission in place of a disqualified or incapacitated commissioner.

AgWeek | Noem signs ‘Landowner Bill of Rights’ but some landowners still have concerns

Trending: ISDs offering affordable housing to recruit teachers

Add Arkansas to the list of states where school districts are using affordable housing to recruit teachers. Bentonville School District is working to build housing near schools for teachers. Historically offering affordable housing for teachers was a practice in the 1950s and 1960s.

Route Fifty | School districts offer affordable teacher housing as recruitment tool

Property Investors Clogging Florida Courts

 Interesting impact of single family property investors in Florida: An analysis by  the Tampa Bay Times says that investment companies file for evictions at 2x or 3x the county’s overall eviction filing rate, which is mucking up the dockets. Similar findings in Georgia.

Governing | Florida Real-Estate Investors Clog Courts and Are Quick to Evict

Ordinance allowing for demolition of homes under 3000 square feet

Did you know that Dallas has an ordinance that permitted the demolition of homes under 3000 square feet that were within a Landmark District. Who was impacted by the ordinance? Historic Black neighborhoods along with brown neighborhoods and low income neighborhoods. Last week, Dallas City Council decided maybe that ordnance isn’t such a good thing. At least 30 homes had been demolished under the ordinance.

Governing | Dallas Reconsiders Rule That Hurts Historic Black Neighborhoods

Public Information & Land Use & Eminent Domain

Florida Legislature has passed HB 103 (2024 | FL) to exempt from public disclosure information about county and city attorneys, and court clerks and their deputies. The reason why? To protect them and their families from death threats and stalking. Supporters say contentious issues like land use and eminent domain have given rise to threats of violence.

The Florida Bar | LEGISLATURE ADOPTS PUBLIC RECORDS EXEMPTIONS FOR COUNTY AND CITY ATTORNEYS AND CLERK EMPLOYEES