InfoHive – Eminent Domain

Apple’s WWDC announcement this week contained a repeat of its position on the right to privacy:

“Privacy is a fundamental human right. At Apple, it’s also one of our core values. Your devices are important to so many parts of your life. What you share from those experiences, and who you share it with, should be up to you. We design Apple products to protect your privacy and give you control over your information. It’s not always easy. But that’s the kind of innovation we believe in.”

Why does this matter? Check out the Data Security Section where we have legislation that is seen as government access to private data or look at COVID legislation on tracing applications.

Apple | WWDC 2020

The Institute for Justice sent Michigan Governor a letter supporting opening garden centers that included the following private property reasons:

• “Growing food at home is the surest and safest way for Michiganders”
• Unequal treatment of garden centers when grocery and home improvement stores can be open

Eminent domain was proposed by a city in Arkansas to remove a confederate statue from private property.

Virginia Gov. Ralph Northam’s office is proposing eminent domain to remove a Robert E Lee statue in Richmond, Virginia.

Eminent domain is mentioned as a way to preserve a statue of President Theodore Roosevelt that was removed from outside the Natural History Museum.

New York Sun | ‘Theodore! With all thy faults —’

Arkansas Democrat Gazette | Hot Springs given 2 options to move Rebel statue

Washington Post | Northam’s case for removing Lee statue was devised by a lawyer descended from slaves

The City: Santa Fe, NM

What revisions is Santa Fe considering to spread out short term rentals?

• Prohibit new permit within 75 feet of an existing rental
• Permits will only be granted to individuals not companies, partnerships or LLCs
• Owners must live in the city and be available at all hours
• Limit of 1 group/person every 7 days

Santa Fe New Mexican | Santa Fe wants to tighten restrictions on short-term rentals

The State: Idaho

How many food trucks were granted provisional licenses to operate at rest stops? 30

What does Idaho say prevents it from allowing the food trucks to continue at rest stops? Federal Regulations

CDL Life | State’s Rest Area Food Truck Permits Will Not Be Renewed

Where: Marthas Vineyard, MA

How is Martha Vineyard considering amending its food truck rules in a COVID world?

• Limiting Food Trucks to trucks parked outside existing restaurants
• Allow restaurants within 200 feet of a proposed food truck veto power

MV Times | How food truck regulations roll

What do you mean protestors take over property?

• 2016– a group of “right-wing extremists” took over an Oregon wildlife refuge
• 2020– a group of “left-wing extremists” take over public and private property on Seattle’s Capitol Hill

What stopped the protestor occupation?

• In 2016 federal authorities, after a 30 day standoff, arrested the protestors
• In 2017 Seattle’s now mayor, then a US Attorney, supported forcibly removing protestors
• In 2020, Seattle’s protestors were diverted to the building to defray threats to burn a police station. Removal of the protestors is still pending

KIRO | Dori: Mayor Durkan has no consistency on takeover of private property

Eater Seattle | What It’s Like to Eat Inside Seattle’s Much-Discussed Protest Space

• June bookings grew, year over year, for the first time since February 2020
• People have the travel bug after being home
• In May 2020 AirBnB was able to raise $2Billion

What steps did AirbnB take during COVID?

• Offered refunds
• Established safety and sanitizing protocols
• Established a $250 million relief fund

CNBC | Airbnb is poised for a comeback after a brutal spring

Meet the 11 judge panel D.C. Circuit.

The 11 judge panel is considering Allegheny Defense Project v. FERC proceeding.

Why does this matter to those impacted by eminent domain policy? This case includes the following arguments by FERC Commission Glick:

• “Eminent domain is among the most significant actions that a government may take with regard to an individual’s private property.
• And the harm to an individual from having his or her land condemned is one that may never be fully remedied, even in the event they receive their constitutionally required compensation,”
• “Bearing those basic facts in mind, there is something fundamentally unfair about a regulatory regime that allows a private entity to start the process of condemning an individual’s land before the landowner can go to court to contest the basis for that condemnation action.”

Utility Dive | FERC prohibits pipeline construction, allows land seizures as court weighs ‘legal purgatory’ of rehearing delays

The new supporter of property rights in your online data? Bitcoin & blockchain advocates

What attributes of the current internet industry are highlighted by property rights supporters as a need for property rights in your data? 

• That companies are starting to act like gate keepers by censoring information
• Growth of implicitly state-controlled platforms like TikTok
• Consolidation of internet platforms into static oligopolies that limits an individuals ability to move their information freely

CoinDesk | Your Property Rights Should Extend to Social Media