Property Rights. Cattle Industry. vs. Plant based “meat”

The legislation: LB 594 (2020 | NE) Provide for a deceptive trade practice relating to meat under the Uniform Deceptive Trade Practices Act

Where: Nebraska

Why? Support for the cattle industry

What stalled the bill? A call for federal guidance

The opposition: Impossible Foods & the Plant Based Foods Association

NTV | ‘Fake Meat bill in legislature stalls

Lege TREND. Preempt Local Short Term Rental Rules

Where: Florida

What: HB 1011 (2020 | FL)

What is the author (R) saying saying?

  • “some local governments have forgotten this foundational principle of our country and are infringing on citizens’ rights.”
  • need a ” fair and consistent approach for vacation rentals”

Are there exceptions? yes, grandfathers in local rules that were in effect before June 2011

Framework for the statewide requirements for short term rentals:

  • property owners must display their license
  • sales tax will be collected
  • tourist development tax collected

FLAPOL | Bill preempting local vacation rental regulations gets first House hearing

Prohibiting Masks and Hoods on Private Property

What? Tennessee’s HB 1629 (2020 | TN) would prohibit the wearing of masks and hoods on public property and on private property, unless the owner consents

Exceptions? Holidays, sporting activity, trade, occupation, theatrical production, parade or masquerade ball or during an emergency drill or emergency event

WVLT | Bill seeks to make wearing hoods, masks illegal in Tennessee on public property

State regulation of Rising Sea Levels. What do you do with land that both private land owners & the state can claim?

Where: Lousiana

What has happened in Louisiana?

  • 2018, Legislature rejected a push to allow fishing boats onto land that has any private ownership claim
  • In 2018 Lousiana studied the issue in the Public Recreation Access Task Force 
  • In 2020, the Public Access Task Force report offers suggestions for regulation:
    • BALANCE INTERESTS. Its recreation sportsmen VS. respect for landowners’ legitimate interests in “managing the use of their land and in the development of mineral rights associated with that land.”
    • STATE FISCAL IMPACT.
      • Don’t cut mineral tax revenues
      • Don’t increase administrative costs for new access regimes from new access pathways

What would regulatory proposals look like?

  • state government could buy recreational access servitudes from landowners
  • give private landowners tax incentives to allow recreational access
  • strengthen landowner immunity to lawsuits in exchange for allowing recreational use of their properties
  • allow the state to negotiate permanent boundary settlements
  • guarantee access to all surface waters that ebb and flow with the tide
  •  let landowners donate surface ownership of a tract of land to the state & reserve mineral rights in perpetuity

Minden Press Herald | Louisiana lawmakers try to balance property rights with public land use

3 Reasons Eminent Domain Stops High Speed Rail in Texas.

Who is making these arguments? REP. RON WRIGHT (R-TEXAS)

What 3 reasons does he give for eminent domain stopping Texas Central, a Texas high speed rail line?

  • The entity has been denied, so far, state eminent domain authority
  • The entity has been denied, so far, federal eminent domain authority
  • The high speed rail can’t break ground until the land issue is resolved, as it has only acquired 1/3 of the needed property

The Hill | Proposed Texas rail line has the look of a high speed fail

Lege TREND. Property Rights Protections for Pet Owners.

Where: New Hampshire

What: Preventing discrimination in the sale or rental of property to pet owners

How? HB 1391 (2020 | NH )

4 Policy reasons to support this legislation:

  • reduce killing and costs at the local animal shelter
  • increase adoption revenues & tax revenues
  • improve civic engagement and public health
  • encourage both individuals and businesses to relocate to a community.

Concord Monitor | Editorial: An avalanche of bills – with a bunch of bad ones

Private Property Rights. Permit Later. Build Water Abatements Now.

Where: Michigan

What: SB 714 (2020 | MI)

How does the bill help property owners? The bill allows property owners to build approved water abatement measures to protect their property before obtaining a permit.

When can you build before permitting? During an emergency when lake levels reach dangerous heights

Holland Sentinel | Letter: Dangerously high water levels require immediate action

Lege TREND. Private Property Rights. Excepting Farms from Nuisance Statutes.

Where: Georgia

Why? high-dollar verdicts against hog producers in North Carolina concerned Georgia farmers and ranchers

How did they protect farms? HB 545 (2019 – 2020 | GA) by limiting who can file nuisance suits to those who own property within 5 miles and limit the time for which suit can be filed to 1 year from start of farm/ranch operations

Georgia Recorder | Online sales tax, other 2019 bills due for return engagement this year