InfoHive – Eminent Domain

What’s happening? Florida is considering SB 224 (2022 | FL) and HB105 (2022 | FL) would allow counties and municipalities to restrict smoking within the boundaries of public beaches and parks. 

Why is this important? Florida Republican wants to loosen state control over smoking bans.

How will this be important? Whether this is a bell weather for new local control or for smoking bans on park lands and beaches.

Orlando Weekly | Florida Legislature to hear bills that could lead to smoking bans at beaches, parks

What’s happening? The District Attorney in Williamson, County, TX, North of Austin, has asked the state Attorney General for an opinion on the Governor’s Executive Order concerning mask mandates.

Why is this important? Texas Attorney General will answer this question: Does an executive order which recognizes the ability of Texans to preserve their livelihoods and not be required to wear a face covering grant an individual a right, power, privilege or immunity?

How will this be important? The politics of masks is getting richer.

RQ-0429-KP

What’s happening? California is considering AB 701 (2021 | CA) that would require companies that operate warehouses with large number of employees to disclose the employee productivity requirements. Employees would be able to challenge quotas that allegedly prevent bathroom breaks or other time to rest during the workday.

Why is this important? California Chamber of Congress  withdrew its opposition after the bill was amended.

How will this be important? The author wants the algorithm to include a human factor

The Hill | California legislature approves regulations for Amazon warehouses

What’s happening? Wisconsin Interscholastic Athletic Association says that  harassment of umpires and referees was so rampant it had become impossible to attract enough of them to support their games.

Why is this important? Wisconsin is considering legislation to make harassing an umpire or referee a misdemeanor.

How will this be important? MI, NY and OH are also considering protecting referees and umpires. HI SB 2612 (2021 | HI) considered making harassing a sports official a felony. 20 states already have laws providing special criminal penalties for attacks—including verbal ones—against referees. 

Route Fifty | Lawmakers Call Foul on Referee Abuse

What’s happening? The average number of housing units created by Inclusionary Zoning policies per year is only 27 & can produce broader distortions in the housing market

Why is this important? Studies point to New York’s IZ policy essentially froze housing redevelopment in lower-income areas. Portland saw an increase in projects below the threshold for its IZ requirements.

How will this be important? With a shortage of housing state and local governments will be working on crafting housing policies and land use policies

Governing | Affordable Housing and the Dubious Promise of Inclusionary Zoning

What’s happening? As eminent domain percolates in Kentucky, its media is picking up on what states do or do not do to compensate their landowners. Here’s what they say:

• Florida is best- attorney fees can be awarded and allows people to hire lawyers before the state appraises the property it plans to take and offers a settlement
• Virginia allows attorney fees if if the final settlement is at least 25% more than the government’s original offer
• Washington allows for attorney fess + $750 is paid to landowners before a settlement is reached so they can hire their own appraisers 
• In Kentucky a single holdout juror can force a much lower settlement than the jury would otherwise award. Its the only time in Kentucky when unanimous jurors are necessary in a civil case in Kentucky

Why is this important? Maybe its residual civil justice issues from the pandemic, Black Lives Matter, and the general greater import to civil justice since 2020. Eminent Domain has long been considered unfair to land owners

How will this be important? States will continue to grapple with how to fairly compensate land owners, especially as the process is more transparent and low offers and bad actors are revealed

Courier Journal | Kentucky law favors the state in property rights cases

What’s happening? The History Channel has a run down of the NFL’s Top 8 scandals. Coming in at #4 is when Baltimore used eminent domain as a means to keep the Colts in Baltimore.

Why is this important? In the middle of the night, the Indianapolis mayor’s friend who owned a moving company, moved the team to Indianapolis under the cover of darkness.

How will this be important? The team moved immediately after the Legislature codified the city’s authority to use eminent domain in this way.

History | 8 Scandals That Rocked the NFL

What’s happening? In 1905 the US Supreme Court upheld a vaccine mandates in Jacobson v. Massachusetts.

Why is this important? The country was grappling with small pox and adoption of the small pox vaccine.

How will this be important? Court watchers will assuredly wonder if Jackson remains precedent. Most telling is this: “The liberty secured by the Constitution of the United States does not import an absolute right in each person to be at all times, and in all circumstances wholly freed from restraint, nor is it an element in such liberty that one person, or a minority of persons residing in any community and enjoying the benefits of its local government, should have power to dominate the majority when supported in their action by the authority of the State. It is within the police power of a State to enact a compulsory vaccination law, and it is for the legislature, and not for the courts, to determine  in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of the public health.”

197 U.S. 11 (1905)

What’s happening? The way Panama City Florida handles nuisance properties is that if an owner fails to clean up a nuisance, the city cleans up property and then tacks on a nuisance abatement fee on the property tax notice.

Why is this important? Most property owners know the properties in their neighborhoods that they believe are lowering property values. Panama City has a nuisance abatement fee to hold residents accountable.

How will this be important? Nuisances aren’t disappearing. Panama City collected $1,000,000 from 100 properties in 1 month.

Panama City News Herald | Got a trashy neighbor lowering your property values? Panama City has a remedy.

What’s happening? AirBnB is cracking down on parties. In California it is suing a party host that resulted in gun fire. In Houston, AirBnB is cracking down on Halloween parties.

Why is this important? Party hosting, nuisance complaints and noise complaints are a vocal in crafting regulations for shirt term rentals.

How will this be important? More companies working to control their nefarious customers

KPIX | Airbnb Sues Person Who Held Unauthorized Sunnyvale House Party Where 2 Were Shot

Houston Chronicle | Airbnb announces plan to crack down on unauthorized Halloween parties in Houston