InfoHive – Eminent Domain

• A House investigation that eminent domain is permitted in 99% of pipeline requests over the last 20 years
• That every property owner appeal to FERC in the last 12 years was denied
• Concerns from land owners
• A desire for open, fair and transparent process by the FERC chair

The Hill | Energy commission rule will delay pipeline construction during appeals process

Where: Iowa

What: An amendment to an existing medical malpractice bill sets up limited liability for meat packing plants and other employers relating to COVID causes of action.

Are there exceptions that permit a COVID lawsuit?

• if COVID required hospitalization
• if COVID caused death
• if the employer intended harm

What does the legislation require before immunity applies?

• that the business complied with any federal, state or public health guidelines or statutes related to COVID-19

Des Moines Register | Iowa House Republicans put forward plan to protect businesses, medical providers from COVID-19 lawsuits

Which eminent domain related issues are percolating on a pipeline project? The lack of PPE with pipeline construction workers

What specific issues are being raised by landowners? Construction related workers who are:

• not wearing masks
• not wearing gloves
• not following social distancing rules

Clean Technical’s | Oil Pipeline Projects Continue To Burden Landowners During Pandemic — Misuse Of Eminent Domain

Where: Colorado

What will be required of short term rentals in the new COVID rules?

• Must provide hand sanitizer
• Must provide cleaning products
• Mandatory 24 hour waiting period after a tenant has left to clean following CDC standards
• Requires any soft objects that are hard to clean, like pillows or extra throw blankets, be removed
• Guests who’ve been sick or been in close contact with someone with COVID-19 will have to cancel their stay. 

Colorado | Safer at Home: Short-term rentals

Monday: Birmingham Alabama removed confederate statues.

Tuesday: Alabama Attorney General sues Birmingham for removing the confederate statues.

What remedy does the Alabama Attorney General want from Birmingham for the alleged violation of the Alabama Memorial Preservation Act?

• $25,000 fine

Does this sound like deja vu? Yes, a similar statue fight went to the Alabama Supreme Court in 2017.

The Mayor said the fine is cheaper than the ongoing risks to the city from the demonstrations. A group of pastors has raised $60,000 to pay the fine.

CourtHouse News Service | Alabama AG Sues Birmingham for Removing Rebel Monument

NPR | Confederate Monument Being Removed After Birmingham Mayor Vows To ‘Finish The Job’

Where: Minnesota

What: SF 4255 (2020 | MN) would allow property owners to consent to a mobile unit to park on their property to distribute medicinal cannabis

How would this mobile distribution center work?

• require the property owner and cannabis distributor to agree to a specific time & place
• require a pharmacist to be present

Governing | Legislative Watch: The Cannabis Industry in the Age of COVID

The state: North Carolina

The legislation: HB 1174 (2020 | NC)

What’s the goal? Allow businesses to be compensated when they are closed, partially or completely, by a governor’s executive order.

How does the bill get there? Amend the state constitution to define a full or partial business shutdown by governor executive order as an inverse condemnation. 

Compensation contemplated: Loss of income + property losses

Winston Salem Journal | N.C, House bill would allow business owners to sue over shutdowns

The City: Denver

The issues raised by the Auditor:

• Lack of detail in the eminent domain policy
• Lack of detail in its communication with the Controller’s Office about eminent transactions
• Auditors believe details would limit the city’s liability
• Need for a deadline to record an eminent domain acquisition (one was recorded 1 year from the acquisition which was considered too long)

Colorado Politics | Denver auditor finds record keeping, communication deficiencies at city real estate office

Where: Missouri

What project has sparked this ongoing push to prohibit eminent domain for transmission lines? The Grain Belt Line which will move renewable energy through several states, including Missouri

What does the Missouri Farm Bureau want?

• That transmission companies negotiate with landowners for property/easements
• That the negotiations be for freely negotiated rates
• Align the property acquisition to the same standards as wind turbines

Ozark Radio News | Opinion: Legislative session marred by missed opportunity on property rights

How many states universally accept out of state occupational licenses for new residents? 1

Which state? Arizona

Are there limitations to Arizona acceptance? Yes.

• Must be licensed for 1 year
• No criminal convictions
• No disciplinary actions

Supporters say:

• Removes obstacles for spouses relocating to Arizona
• Removes unnecessary burdens on businesses
• Strict licensing requirements is a result of bullies serving on boards

Governing | Arizona Becomes the First to Recognize Out-of-State Job Licenses