InfoHive – Eminent Domain

What’s happening?Whether it is a city making amends for using eminent domain to move out a black community for a highway, California for historically using eminent domain to move a black community from a beach or National Geographic discussing how Central Park was built after the use of eminent domain removed black land owners.

Why is this important? Diversity, fairness and equality is the name of the game when information is easily accessed as it is now in a pandemic/post-pandemic world.

How will this be important? Local governments and states are creating checks and balances to prevent these types of actions from occurring again.

National Geographic | This Is How We Can Envision Black Freedom

What’s happening? Minnesota adopted a new drone law that requires law enforcement agencies to file an annual report on drone usage, costs and if a search warrant was obtained for a flight

Why is this important? The legislation further limits drone use by law enforcement to prohibit drone use (1) for facial recognition or (2) to collect data at public demonstrations without a warrant.

How will this be important? Early adapters of drone laws often did not have the privacy and data limitations that newer drone laws have.

Governing | Minnesota Law Increases Transparency on Police Use of Drones

What’s happening? NH, like many states, has a hot housing market. To keep the market in check, the state Legislature created the Housing Appeals Board “to provide a non-judicial avenue for aggrieved landowners and developers to appeal local land-use decisions.”

Why is this important? Other states see a Housing Appeals Board as a way to keep a pro-housing tool, without addressing zoning rules by allowing it to “intervene to approve formerly denied applications and allow projects to proceed.”

How will this be important? This will be replicated, especially as housing markets grow tighter. Its quicker and cheaper than courts and doesn’t change any laws or zoning laws.

Governing | When Governments’ Barriers to Housing Step Over the Line

What’s happening? Short term rentals are exceeding 2019 numbers.5.4% more than 2019. Up 66.4% over 2020’s numbers as of April 2021.

Why is this important? Higher rental numbers, more potential for issues, which opens the doors for more regulation to solve the issues.

How will this be important? Short term rentals are regulated in different levels in different states

Motley fool | Short-Term Rental Demand Surpasses 2019 Numbers — but There’s 1 Problem

What’s happening? Pundits are calling the possibility of limiting patent protections for COVID vaccines a form of intellectual eminent domain.

Why is this important? It’s happened in other times in history, mostly around war time.

How will this be important? The issue hinges on whether federal funds were used to create the patent. If so, more likely to pull back patent protections.

Newsmax | A New Era of Intellectual Eminent Domain

What’s happening? Meet the Republican legislation in response to President Biden’s 30×30 Executive Order. 30×30 opponents call it a land grab to meet arbitrary climate change goals

Why is this important? The legislation looks to prevent federal control over private lands, which is what opponents to 30×30 believe is occurring.

How will this be important? A private property rights issue against a sitting administration, it has all the trappings of a hot topic for special sessions and election season.

KRSL | REPRESENTATIVE MANN, SENATORS MORAN AND MARSHALL INTRODUCE LEGISLATION PUSHING BACK AGAINST 30X30 PROPOSAL

What’s happening? The Butte-Silver Bow, Mont., Zoning Board is considering a zoning request for a 5 acre proposed battery storage facility.

Why is this important? Residents say it will scar the views and character, pose safety risks and lead to further industrialization in open spaces. The developer says it will “help fill gaps in energy capacity and provide electric power if needed during peak loads and critical times”

How will this be important? As the number of battery facilities expands so will the concerns of nearby residents. Take notes.

Governing | Montana County Debates Battery Storage Facility Installation

What’s happening? When a county approved a solar array, it added this eminent domain cavet: “prohibiting the use of eminent domain to cross a joining property with the infrastructure needed for community solar”

Why is this important? Let’s think of this as a way to create a list of all the ways to limit eminent domain

How will this be important? No one is re-creating the wheel- maybe this amendment language works for you or against you, either ay keep it in your back pocket for use.

Capital Gazette | Carroll commissioners approve zoning text amendment to set ground rules for community solar energy

What’s happening? Reason has an article entitled, When Eminent Domain Is Used for Economic Assassination, and it caught my attention. They use the phrasing as away to talk about eminent domain and economic development.

Why is this important? No one is ever going to think eminent domain is fair. On one side is growth and progress and on the other individual property owners. It will always be contentious issue.

How will this be important? The messaging in this could resonate. Its new and fresh.

Reason | When Eminent Domain Is Used for Economic Assassination

What’s happening? Florida Legislature passed, and the Governor signed, HB 221 (2021 | FL), that says property rights remain attached as property re-enters the earth’s atmosphere and lands.

Why is this important? The goal is to allow aerospace companies to obtain their property.

How will this be important? Does your state have a growing aerospace presence, well, hello, you! This one is for you.

Apopka Voice | New Florida law says when space debris falls from the sky, property rights still apply