InfoHive – Eminent Domain

Where: Michigan

Is this a new issue for the Michigan Legislature? No.

The legislation for 2020: HB 4035 (2020 | MI)

The goal: Prohibit cities from enacting dog breed specific bans

What have other states done to address dangerous dogs?

• 8 states prohibit any local breed-specific regulations
• 13 prohibit breed-specific classification of dogs as dangerous

Michigan Live | Pit bull ban debate reemerges in Michigan legislature

Where: Illinois

What: HB 4704 (2020 | IL)

What entities would have regulatory authority over gardens? State and local officials

What specific regulatory authority?

• restrictions on water use during droughts
• property set backs
• maximum lot coverage
• utility safety
• fertilizer use
• invasive species control
• regulated substances like hemp and cannabis

Illinois Leaks | State Representative Harper wants to give State and local government the power to regulate your garden

Who: Missouri Farm Bureau

What reasons does the Farm Bureau give for eminent domain not being for sale in Missouri?

• Eminent domain isn’t for projects that enrich the owner, that’s not a public benefit
• There is no public benefit for the flow of goods or things through a state
• An eminent domain project that has no clear public benefit but pays local governments to support local public use projects is nothing more than corruption

Missouri Times | Opinion: Eminent domain is not for sale in Missouri

Where: Wisconsin

What does Wisconsin’s Right to Build legislation allow? owners of waterfront property would have the right to build docks and other structures even on other people’s land

How does the bill address the right to build on water front property over another’s property?

• owner of land abutting a navigable waterway “is presumed to be a riparian owner” (OWNER A)
• OWNER A is entitled to the same rights as OWNER B “even if the bed of the waterway is owned in whole or in part by another, unless those rights are specifically prohibited by the deed to the land.”

Who is backing it? Realtors

What exceptions are included?

• special protections for hydroelectric dam operators to
  • deny dock requests
  • charge “reasonable” fees
  • impose restrictions to comply with state & federal dam regulations

Wisconsin State Journal | The right to build on others’ land: Realtor-backed bill undoes Supreme Court ruling on docks

California is considering AB 2367 (2020 | CA) would require insurance companies to cover homes in wildfire risk areas

Why is the legislation necessary? Wild fire policies are being cancelled by insurers

What else is included in the legislation in addition to the required policy coverage option?

•  state will develop standards for reducing fire risks
• applies only to existing homes
• will discourage new developments in fire-prone zones
• homeowners and entire communities must “harden” properties against wildfires

California Insurance Commissioner | Mandatory Moratorium on Non-Renewals After Recent Wildfire Activity

Sacramento Bee | California would force insurance companies to cover homes in wildfire zones under new bill

Arizona House has passed HB 2084 (2020 | AZ) that would allow private property owners to build a wall without permitting.

The Daily Courier | Arizona House: Border-dwellers can build walls without permits

State Legislation. Border Walls on Private Property.

• January 9, 2020

Which state? Arizona

What is Arizona allowing with border walls on private property? HB 2084 (2020 | AZ) will allow:

• The goal is to preempt “overzealous local officials will block construction by erecting procedural barriers.”
• Border walls on private property would not be subject to building codes or safety inspections
• To prevent what happened in Texas when local officials were awarded a cease and desist order for a private border wall that was ultimately subject to local building & safety codes 

Arizona Capital Times | Private landowners can build unregulated border wall under proposed legislation

Where: California

Constitutional Proposition creating the Right to Build would:

• address the housing affordability crisis
• encourage rapid building
• prevents builders from offloading costs onto 3rd party residents
  • costs: necessary private roadways, roadway repairs, and/or utility connections
  • costs could be born by a private associations

The Independent Institute | A Proposed California Constitutional Amendment to Resolve the Housing Affordability Crisis

Where: Oregon

What: SB 1536 (2020 | OR)

How does Oregon’s SB 1536 protect private property while tackling wildfire prevention?

• Creates a program for the state fire marshall to work with local non profits
• the local non profits will educate property owners on plants and clearing lower limbs on trees in a 100-foot perimeter around a home.
• There will be NO FINES. Only education.

KATU | Oregon Legislature considers bill to work with homeowners ahead of wildfire season

What? China has granted 2 cities the power of eminent domain to stop the spread of Coronavirus

To acquire the property, the cities have to do 3 things:

• provide official requisition documents to the property owners
• return the items, as necessary
• compensate owners, as necessary

South China Morning Post | Two of China’s biggest cities given power to seize private property to help stop spread of coronavirus

Where: Utah

What? A package of legislation that will require:

• landlords to disclose early on an itemized list of fees a prospective renter could have to pay HB 211 (2020 | UT)
• allow local governmental entities to adopt rent control HB 131 (2020 | UT)

Salt Lake City Tribune | Renters’ rights bills face an uphill battle in a state Legislature full of landlords