Who is saying this? Columbia Missourian Editorial Board & Kansas City Star Editorial Board

What reasons do they give to support the legislation that denies eminent domain to private transmission line entities?

• companies “should negotiate fair agreements with property owners”
• comapnies should not use the “threat of condemnation to browbeat property owners into accepting low-cost deals.”
• eminent domain is for governments and should be used sparingly

MISSOURIAN | EDITORIAL: Lawmakers are right on eminent domain abuse bill

Kansas City Star | Missouri Republicans are right to protect property owners from eminent domain abuse

In Florida, HB 145 (2019 | FL) wants to allow you to grow veggies in your front yard.

Does the bill preempt local ordinances? yes, yes it does.

Florida Politics | There will be beets: Veggie garden bill headed to House floor

Newly filed lawsuit:  Tony Buzbee vs. Sylvester Turner and Clear Channel Outdoor

Why? billboards concerning AlertHouston feature Mayor Turner

Why the campaign contribution argument? According to the attorney, Clear Channel needs the mayor’s help to amend a billboard ordinance. That led to a conspiracy for billboards across the city with Turner’s picture.

Want to read more? The suit was filed April 17 in Harris County District Court, case No. 2019-27094.

Courthouse News | Buzbee files $5M suit against Houston Mayor, Clear Channel over billboard ads

Recall all the headlines about California utilities going bankrupt because of liability for the wildfires? The liability is high because the utilities have strict liability

So legal mumbo jumbo, strict liability, aside the California utilities have strict liability because they have the power of eminent domain. 

Why the strict liability tied to eminent domain? The policy idea is that if the companies have the  power to take a person’s land they should be liable for the harm that is caused there.

RTO Insider | Calif. Must Limit Wildfire Liability, Governor Says

A church in San Jose, fearing eminent domain, sold to Google.

Which entity could fight an eminent domain proceeding? a church or Google?

ABC 7 News | Fear of eminent domain leads Downtown San Jose church to sell to Google

• More City Power to Pull Licenses. Denver could revoke, sanction or deny a short-term rental license or application if it negatively affects the public health, safety or welfare of a neighborhood.
• Primary Residences Only. Short Term Rental Rules apply only to primary residences
• Property Owner requirements:
  • ​minimum of $1 million worth of liability insurance
  • required notification to their insurer that they’re using their property as a short-term rental
  • required to inform HOAs

Colorado Public radio | Denver Adopts New Stricter Rules On Short-Term Housing Rentals On Sites Like Airbnb

Maine LD 271 (2019 | ME) would:

• tie the use of eminent domain to only projects that offer relaible service
• what does this mean? there must be a direct benefit to Mainers
• if eminent domain increases profits, that cannot justify the eminent domain

Penobscot Bay Pilot | Sen. Miramant introduces bill to restrict use of eminent domain by utility companies

Florida SB 1400 (2019 | FL) would preempts local government tree ordinances between March 1 and June 1.

Daytona Beach news Journal | Florida Bill Would Nullify Local Rules Protecting Trees In Run Up to Hurricane Season

LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.

But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?

Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska

Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into opposition

The Wisconsin state budget has a provision which prohibits funds for being used for eminent domain projects that include parks and bike paths.

Republicans added the provision to stop cities for using eminent doamin for these purposes.

CBS 4 Minnesota | Evers Budget Restores Eminent Domain For Bike Trails

Where: California

The public purpose: CalTrans construction of the I-710 freeway

The property taken: residences

What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s. 

How under market value is this? roughly $970,000 under market value

Pasadena Star News | Renters of Caltrans-owned homes in South Pasadena get to buy them $970,000 below market

Massachusetts HB 83 (2019 | MA) would add these constitutional limits on eminent domain:

• prohibit a taking for “private commercial or economic development is hereby declared not to be a public use”

An amendment to a transportation bill in Ohio would allow utilities expanded eminent domain authority by allowing quick take possession of property. 

OH Ag NEt | Ohio Farm Bureau fights expanded eminent domain authority

Florida’s HB 987 (2019 | FL) would preempt local short term rental law and establish a statewide regulatory system that:

• not allow for grandfathering local ordinances
• state supervision of rentals in lieu of local inspections
• state licensing by the state Division of Hotels and Restaurants within the Department of Business and Professional Regulation.
• disclsoure of a contact person including:
  •  name
  • mailing address
  • telephone number
  • email 

What’s happened in FL with short term rental laws?

• 2011 state law stops cities from prohibiting short term rentals
• 2014 the law gets softened for more local control as long as there were no minimum stay requirements

What argument is being used for local control? “Pornographic film actors using cocaine in a residential neighborhood”

Gainesvilel Sun | Legislators consider limit son local rules for vacation rentals

North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas,  or CO2 recovery storage for the land owner.

KXNET | Landowners Group: Bill would take land rights away

Montana’s HJ 28 (2019 | MT) would request that the state deny the American Prairie Reserve’s grazing proposal to the Bureau of Land Management

Opponents say:

• thinly veiled attempt by the United Property Owners of Montana
• Their interest is only “to protect only the economic interests of its members”
• coercive use of the power of the State to attack the property rights 
• if they want a modification of federal grazing privileges, request one through the proper channels

Missoulian | HJ28: An attack on property rights and an abuse of power

Is providing tax relief when land is taken by eminent domain unusual?

No, the IRS provides for it as well allowing for any gains to be rolled into similar investments without incurring an immediate tax on the gains.

Business Advocate | Virginia exempts gain from eminent domain condemenation from its income tax

Refreshing Recollection:

Monitor Township, Michigan wind tubrine ordinance sets new zoing for windturbines, including:

• setbacks to 2,000 feet (old setbacks were 750 feet)
•  zero shadow flicker on peoples’ property
• cash bond to cover the cost of proper removal of the turbines
• lower sound level thresholds

Curiosity: How big is Monitor Township? 10,500

Michigan Live | Wind farms restricted under new Monitor Township zoning ordinance

Baltimore looks to condemn the Preakness Stakes to keep it from moving.

What does Baltimore say? State law also allows condemnation of the Preakness’ intellectual property, so include that too

Sound weird? Once upon a time Oakland thought of the idea ot keep the Raiders there. 

The Volokh Conspiracy | Baltimore Tries to Use Eminent Domain to Condemn the Preakness Stakes Horse Race

Wall Street Journal | Will Baltimore Make Off With the Races? 

Kansas HB 2317 (2019 |KS) would require transmission companies to provide greater notice to property owners concerning:

• equipment installation
• requiring public engagement when large metal towns are installed

The new open communication legislative requirements between transmission companies and neighborhoods is only triggered in:

• property within corporate limits of a city
• if the city limits are at least 1⁄4 mile in length
• and the lines are designed for the transfer of 69 kilovolts or more of electricity

KSN | Wichita lawmaker wants Westar held more accountable

SOUND FAMILIAR IN TEXAS? It should a similar issue is cropping up in transmission easements 

Oklahoma HB1048 (2019 | OK)  would exempt from eminent domain ground water rights.

News 9 | Bill To Protect Water Rights Passes In State Senate Committee

Legislation in Oklahoma would require separate approval by a land owner before groundwater rights can be taken when surface lands are taken by eminent domain.

KWON | Sen Daniels Backing Groundwater Protection Rights

Who: Texans for Property and Rental Rights

Who are Texans for Property and Rental Rights? coalition of property rental businesses, travel sites and business trade organizations

What do they want? Statewide short term rental law to prohibit banning & ” overregulating” short term rentals 

Texas Public Radio | New Group Enters Short-Term Rental Debate; San Antonio Law May Be Overwritten

HB 3778 (2019 | TX) 

SB 1888 (2019 | TX) 

The Uniform Law Commission is working on a new uniform code pertaining to drone use that permits property owners to file suit when an unauthorized drone flies over their property.

A draft of the proposed uniform code was released this week.

The Texas Farm Bureau President states his case by riasing these 3 points:

• Private Entities. 1271 non-governmental entities have eminent domain authority
• Transparency. those 1271 do not have the same transparency rules of local governments
• Unfairness. No fairness when landowners are forced to sell. More good faith. More just compensation.

Houston Chronicle | Opinion | Eminent domain works in Texas — for the takers [Opinion]

Where: Leonia, NJ

What: A proposed ordinance to stop the use of eminent domain against residential property in the city

North Jersey Record | Leonia weighing ordinance to limit eminent domain

Nebraska Governor signed LB 57 (2019 | NE) that will:

• prohibit sities from banning short term rentals
• local ordinances for short term rentals can address nuisances, health and safety
• Nebraska Department of Revenue will develop tax agreements with short-term rental sites to collect and distribute taxes on behalf of host

LINCOLN JOURNAL STAR | Airbnb, VRBO-type rentals get support in Nebraska bill signed by governor

Nevada’s SB SB251 (2019 | NV) would prevent immediate redevelopment of golf courses unless the following is met:

• require public meetings
• require environmental impact study
• require a minimum amount of open space
• require evidence to a governing body that the golf course is no longer “financially viable” before any redevelopment is approved
• require any structures built on the converted land be set back 100 feet from any existing building
• require a golf course owner to continue maintenance of the property if the course discontinues daily operation
• require local governments create maintenance standards that protect the “health, safety, aesthetic, economic and general welfare of properties abutting the residential golf course and the protection of the surrounding neighborhood against nuisances, blight and deterioration.”

policy goal: protect property values for houses on golf courses

Nevada Independent | Lawsuit threatened over bill adding restrictions to golf course redevelopment 

Wisconsin SB 65 (2019 | WI) would reverse course and again authorize eminent domain for recreational trails and bike trails.

Florida’s SB 82 (2019 | FL) would prohibit local governments from banning front yard edible gardens. 

“Freedom is at stake,” Bradley, the Senate budget chair said.

Why does this matter? Miami Shores that banned vegtable gardens. Its now in the courts.

Tampa Bay Times | Right to grow front-yard veggies gets green light for Senate floor

Add Georgia to the 12 states seeking to allow property rights in small electrical devices. HB 286 (GA | 2019) The Right to Repair.

Provides that once a perons owns something they have the right to have it services, maintained as they see fit, including private mr. fix it shops.

Why does this matter? some electronic items disable third party fixing capabilities.

Valdosta Daily Times | Product disclosure bill falters 

Where: Texas

Who:  Institute for Policy Innovation, 32 year old conservative, free-market policy think tank in Dallas

Why: Testimony concerning SB 421 (TX | 2019) .

What are their 3 reasons to support eminent domain by private entities?

• Constitution doesn’t limit eminent domain to the government
• Limiting eminent domain to the government leads to bigger government
• The private sector has market incentives to treat its customer base better than government

IPI | Testimony Before Texas Senate State Affairs Committee Defending Private Sector Use of Eminent Domain 

North Dakota’s SB 2344 (2019 |ND) will change how pore space is treated under the law.

What is pore space? The cavernous area beneath the surface that isn’t solid

How is pore space currently treated in North Dakota? It belongs to the surface owner, not the mineral owner

What does SB 2344 do?

• changes the definitions for surface ownership to include only solid areas, not cavernous air pockets, or pore space
• prohibits a surface owner from seeking compensation for pore space

What industries does this apply to?

• saltwater disposal wells
• injecting carbon dioxide underground for enhanced oil recovery
• temporarily storing natural gas underground as an alternative to flaring

Bismark Tribune | Western North Dakota landowners call property rights bill ‘offensive’ 

New Mexico Legislature wants their Transportation Agency and Wildlife Agency to talk to each other to develop a transportation plan to protect wildlife from vehicles. 

Most likely solution? Wildlife underpasses

Why? Wildlife and motor vehicle accidents carry a $20 million per year cost to the state 

Legislatively how did this come about? An amendment to an eminent domain bill.

KOB 4 | New Mexico wants to protect cars and animals from each other 

The Texas Farm Bureau poll on eminent domain reform support found:

• 89% support financial penalties for low offers
• 80% favor ” bad faith” penalties when offers are less than 1/2 of a property’s value
• Party identity produced similar results
•  ” broad consensus” that the process is often unfair

CenTexProud |  Survey: support for eminent domain reform

The Bill: Virginia’s SB 1256 (VA | 2019)

• Would provide a tax break for any gains on a forced sale
• Applies to residential and commercial land

Bacon’s Rebellion | Taking Some Pain Out of Eminent Domain. 

The state: North Carolina

The bill: HB 3 (NC | 2019)

The new Constitutional provision:  “private property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.”

Richmond Observer | Goodman, GOP lawmakers want eminent-domain restrictions in constitution 

The Bill: Maine’s LD 209 (ME | 2019) will:

• prohibit cities from banning short term rentals
• allow for local regulations related to health and safety

Supporters say:

• This is about property rights
• IN 2018, Maine AirbnB hosts earned  $66 million

Opponents say:

• Cities should have control
• Removes local governments to seek remedies from bad actors
• Opponent sinclude: Maine’s Municipal Association, Hospitality Maine, Cottage Connection of Maine, Vacation Rental Professionals of Maine and Maine Tourism Association

Maine BIZ | Bill to prevent municipalities from banning short-term rentals sparks strong debate

The new study: Texas Land Trends report “Conservation Easements in Texas

The value of conservation easements in Texas:

• bolster the $23 billion in cash receipts for agriculture
• contribute over $100 billion annually to the food and fiber sector
• provide over $63.1 million in agricultural commodities annually
• potential to capture over 980,000 acre-feet of water annually, representing a $207 million water replacement cost savings per year
• wildlife management increased by over 5.6 million acres since 1997
• $5.8 million in total wildlife value annually
• 88% of conservation easements were created since 2000

Agrilife Today | Texas Land Trends report shows value of conservation easements to ag, water, wildlife

Oregon’s Senate Bill 703 will:

• label health data as the patient’s property
• require health care companies to obtain signed authorization from individual consumers before de-identifying their data for sale to a third party

Health Tech | What Oregon’s Move to Redefine Data Privacy Means for PHI

North Dakota is considering SB2315 (ND | 2019)   which seeks to peotect private property by creating a color coded system for access by hunters.

All property, including private property, is considered green an open for hunting.

Property Owners can post red signs to prohibit access by hunters.

Bismark Tribune | North Dakota private land bill seeks compromise with proposed database for hunting access

AgWeek | ND Senate passes revised trespassing bill

SB 304 (OK | 2019). would prohibit drones over rural lands by:

• prohibiting drones flying lower than 400 feet over rural private property

5 enumerated exceptions for drones operated by:

• state or federal government
• law enforcement
• utilities 
• oil and gas companies
• a commercial operation authorized by the Federal Aviation Administration

Landowners could provide access to universities operating weather drones.

Talequah Daily Press | Bill would limit drones

 Tulsa Public Radio | Measure Aims to Regulate Drone Use Over Private Property

On Wednesday, the US Supreme Court applied the 8th Amendment’s ban on “excessive fines”  to states and local agencies.

Bonjour! to all state bills on asset forefeiture limitations you’ve found your newest ally.

Timbs v. Indiana

ScotusBlog | Timbs v. Indiana

Governing | Supreme Court: Constitutional Ban on ‘Excessive Fines’ Applies to State and Local Governments

State: Texas

Legislation: SB 746 (2019 | Texas)

What is it extending related to annexation? The time period for annexation from 1 year to 5 years, after a failed annexation by signature

Cleburne Times Review | Schwertner files annexation bill 

Which side is singing praises of a court order? Opponents to high speed rail

What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.

Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.

Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to survey prior to condemnation

What does this mean legislatively? Watch the definition of railroad or other similar entities that have eminent domain authority.

Houston Chronicle | Opponents of Houston-Dallas bullet train trumpet ruling that company is not a railroad

KBTX | Leon County residents celebrate judge’s ruling on proposed bullet train

Georgia’s House Bill 22 (2019 | GA) would allow electric membership cooperatives to offer broadband, and to uild out broadband access through their power of eminent domain.

WSB TV | Georgia House wants local utilities to provide broadband

Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:

• Stop companies from acquiring land with inadequate compensation
• Disclose exactly what will be built
• Disclose exactly what will be buried (Bonjour pipelines and transmission lines)

Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat

Nebraska LB 155 (NE | 2019)  eliminates eminent domain authority for private renewable energy facilities. 

This bill retains eminent domain authority for consumer-owned electric supplier.

In Texas transmission lines present a proposal to the Texas Public Utility Commission and pubic hearings occur.

In contrast, in Texas common carrier pipelines do not have similar requirements.

Texas and Southwestern Cattle Raisers Association are calling for greater transparency in eminent domain.

Morning Ag Clips | Public meetings on eminent domain a good start

North Carolina House Bill 3 (NC | 2019)  does 3 things:

• removes public benefit from the Constitution and requires public use for eminent domain
• clarifies that natural gas distribution facilities have eminent domain authority
• clarifies that connecting customers to utilities is a pulic use

HB 1253 and SB 554 (TX | 2019)  will:

• Requires a condemning entity to fulfill 3 of 5 actions to avoid repurchase by the landowner
  • Current standard is 2 of 7
• Eliminating purchase of adjacent property as indicative of actual progress

Navasota Examiner | Leman files bill to enhance private landowner rights 

HB 1242 (TX | 2019) prohibits pre-condemnation access for high speed rail unless TXDOT determines that the entity seeking access is a railroad.

HB 1245 (TX | 2019) will grant:

• landowners the ability to refuse pre-condemnation access
• allow recoup of damages during surveying
• landowners can negotiate terms of surveying

Lufkin Daily News | ASHBY: Legislative work begins in earnest

State: Massachusetts

The bill: H4841 (MA | 2018)

What does this statewide short term rental bill do?

• register with the state
• minimum of $1 million in insurance
• 5% tax to the state
• Cities can impose an additional 6% tax
• Creates state affordable housing fund
  • funded by 3%  tax on property owners with 2+ short-term rentals in the same city
•  Exempts properties rented for fewer than 14 days/year

Governing | As Airbnb Battles Cities Trying to Regulate It, One State Joins the Fight 

Virginia’s SB 1421 (VA | 2019) will:

• Compensation. Require consideration of “everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.”
• Permission to Enter Property Required. Signed written permission would be required before any precondmenation access would be granted.

Fredericksburg.com | Editorial: Potecting Virginians’ property rights

Nebraska LB 155 (NE | 2019) would prohibit eminent domain authority for transmission lines for renewable energy that is privately developed.

What is the Catholic Church on the Texas border, which will have a chapel in the border wall enforcement zone, saying about the use of eminent domains in its legal briefs?

• Tantamount to requiring the church to participate in the building of a wall
• the wall  is fundamentally inconsistent with Catholic ideology
• Places an unjust burden on the freedom of religion

The Georgetown Voice | Georgetown Law Backs Catholic Diocese In Border Wall Proceedings

Oklahoma’s HB 2264 ( OK | 2019)  would require that a wind producer secure 80% of land with successful, good faith negotiations. 

Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:

• penalize companies for intentionally low-balling landowners during negotiation
• put landowners “on an even footing,
•  more transparent, fair and accountable eminent domain process.”
• costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
• the greatest concern now is around this crisis of pipelines and power lines” in Texas

Statesman | Bills seek more protection for texas landowners in eminent domain cases

“eminent domain destroys pro-life values—the right to property”

Texas Institute for Property RIghts | Eminent Domain versus Innovation Policy Brief

Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.

What is the bill author saying?

• “The pipeline companies should not get preferential treatment under our condemnation laws,”
• “level the playing playing field”
• This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”

Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate

 Knick v. Township of Scott, Penn.  argued before the US Supremes this week is eminent domain and tort reform all in one.

The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.

If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.

Why would Williamson County be overruled? Because no other consitutional rights require remedy exhaustion in state courts. + a love property rights is en vogue

Above the Law | This Takings Case Has Nothing To Do With The Wall, But Still  

State Representative Justin Holland will file an eminent domain reform bill.

Blue Ribbon News | Rep. Justin Holland Announces Bill Portfolio for 86th Legislative Session

Forced annexation of agricultural land would end under House Bill 25 (ID | 2019)

This bill will:

• Prohibit annexation of 5 acres
• Unless the owner gives written permission
• Clarifies that it applies “regardless of whether it is surrounded or bounded on all sides by lands within a city.”

Post Register | New bill would stop ‘forced’ ag land annexations

The 2 umbrella assocaitions in the bruhaha:

• Texans for Property Rights “dedicated to protecting property rights”
  • Texas Farm Bureau
  • Texas Assoc. of Realtors
  • Texas Wildlife Association
  • Texas & Southwestern Cattle Raisers Assoc.
  • TWITTER  (October 2016)
• Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and distribution lines; drainage and flood control; and other important infrastructure projects”
  • TX Assoc of Manufacturers
  • TX Assoc. of Business
  • TX Chemical Council
  • TX Royalty Council
  • TIPRO
  • TXOGA
  • Texas Pipeline Assoc. ACEC
  • PPRA
  • AGC
  • Central Harris Co. Regional Water Authority
  • TML
  • TX Assoc. of COunties
  • AECT
  • TX Civil Justice League
  • TX Railroad Assoc.
  • Twitter (January 2019)

KUT | New Push For Eminent Domain Reform Expected At Texas Legislature

The recommended bill draft language for municipal management districts expressly includes a provision for no eminent domain power for municipal management districts.

See page 41 House Committee on Special Purpose Districts Interim Committee Report

Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.

So what would this impact?

• potentially the amount of compensation for fair value determinations
• when the land can be taken by the government
  • currently the land can be taken before a final determination of compensation
  • this bill requires a final determinationof compensation before the government can take possession (and presumably use) of the land.

CATO Institute | New Bill Would Stop Eminent Domain Abuse Along the Border

The 5th Amendment to the US Constitution trumps any emergency declaration.

For the math nerds: Private Property Protection > Emergency Declrations. 

“Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”’

Above the Law | Can All Lawyers Just Admit The Wall Will Never Be Built Because Of The Fifth Amendment?

Cleveland and Detroit have adopted aggressive demolition policies. 

How do the aggressive demolition policies work?

• Funded by federal government’s Hardest Hit Fund
• Funds demolition of vacant homes to convert to green spaces & community gardens

Governing | To Fight Blight, One City Turned to Courts

In under 4 years, St. Petersburg Florida reduced the number of vacant homes by 75%.

How did St. Petersburg achieve this?  

• Used courts to foreclose properties for unpaid taxes
• Targets proeprties owned by absentee landlords
• Then the city sells the property to:
  • nonprofit affordable housing developers for $4,000 or
  • sells the foreclosed properties at auction

Governing | To Fight Blight, One City Turned to Courts

Massachusetts Governor Baker signed a 1st in the nation, short term rental regulation & tax, that will:

• create & fund a regional wastewater program for the Cape and Islands
• estimed to generate $34.5 million annually in state revenue and $25.5 million in local funding through taxes
• Policy goals:
  • levels the playing field with hotel/motels
  • preserves local control
  • protects consumers
  • offers a source of revenue from our visitors to finance a very pressing wastewater needs

Inquirer & Mirror | Governor Baker signs rentsl tac on seasonal rentals 

BisNow | Short-Term Rentals Will Get Hotel Treatment Under New Massachusetts Airbnb Law

Greenfield Recorder | Local officials see state’s Airbnb law leveling playing field
 

The private property rights issues related to the Coastal Barrier System:

• Mayes Middleton opposes the displacement of any homes or businesses on Galveston and Bolivar Peninsula
• the original intent of the project should be respected (which does not involve displacing businesses or homes) by returnign to the dune-line protection plan

Houston Chronicle | State Rep.-elect Mayes Middleton eager to prove his conservative bona fides

The land at issue: On the border with Mexico is owned by the Catholic Church

Where are we in the process? The Bishop denied access to the land for surveying.

The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.

The issue: Does the church’s religious convictions trump any taking for a public purpose.

KVEO | Major Law School Helps Church Caufht in Border Wall’s Path

Wyoming legislature passed bills that created criminal penalties for taking data by trespass  (SF0012 | WY | 2015) & civil penalties (SF0080 | WY | 2015).

Tri State Livestock | Judge strikes down a part of the rule

Where: South Lake Tahoe, CA

The lawsuit basis: ” infringes on the constitutional rights of property owners by arbitrarily restricting the number of individuals who can occupy a vacation unit”

The kicker: intereferes with people’s holiday plans

The local rules on short term rentals in South Lake Tahoe? 2 persons per bedroom & bans short term rental sin residential neighborhoods

AP | Legal fight arises over South Lake Tahoe rental home rules

Massachusetts legislators have reached a deal on statewide short term rental bill that will:

• exempt proprietors who file an affidavidt that they will not rent the short term rental for more than 14 days in a calendar year
• does not apply the  5.7% hotel and motel room tax to these 14 day or less per year  rentals

AP | Massachusetts lawmakers reach deal on short-term rental bill

Commonwealth | Lawmakers reach short-term rental agreement 

The eminent domain case that will be repeated in legislative sessions:

• GM shuts down factor built on land taken by eminent domain in 1981
• 4000 people were displaced during the process

Reason | GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking 

Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:

• prohibit private companies from using eminent domain to take property
• public good should not include economic growth
• ensure that landowners can negotiate for a fair price.

Are other Wisconsin counties doing the same thing? Yes, at least 6

Portage Daily Register | Columbia County Board favors eminent domain reform

Sawyer County Record | Rusk County passes resolution calling for eminent domain reform

Where: Kerrville, TX

The local government action: Amending the creation of TIRZ 1 to prohibit the use of eminent domain

Did it pass? No, it did not pass for procedural reasons

Kerrville Daily Times | Council nixes eminent domain TIRZ clarification

As signed by Michigan’s Governor, SB 1197 (2018 | MI) will:

• Include a plan for recruiting, training, and using Michigan workers for the tunnel project;
• Allow for multiple utilities to use the tunnel;
• Provide that the tunnel is built to last and will contain potential oil spills in the Straits of Mackinac;
• Limit liability for the state, the authority, and members of the authority;
• Require that all necessary government approvals be obtained for the tunnel;
• Prohibit the use of eminent domain to acquire property for the project;
• Ensure the state bears no cost for design, construction, operation and maintenance of the tunnel;
• Ensure that any privately owned portion of the project – including the above-ground entrances and any utility lines within the tunnel – are subject to taxation; and
• Reimburse the MBA for any net loss of profit for leasing space for telecommunication lines.

Upmatters | Legislation signed to protect the Great Lakes, provide energy security, create jobs

Refreshing our recollection: 

Michigan has a pipeline company that wants to put in a tunnel. There’s people on both sides. How do you solve it?

SB 1197 (2018 | MI) which will:

• create the The Mackinac Straits Corridor Authority
• not allow the authority to use eminent domain
• not allow the authority to be sued
• will be governed by 3 governor appointees with 6 year terms
• The MI Governor’s policy statement
  • “protect the Straits of Mackinac and the Great Lakes while ensuring energy stability for Michigan.”

WWMT | Senate passes bill creating new authority to oversee Line 5 utility tunnel

Institute of Justice is representing a class of renters in Seattle to challenge the city’s ordinance that requires inspection of rental property.

The ordinance: Rental Registration and Inspection Ordinance,  Seattle Municipal Code 22.214.

When tenants refused entrance to the inspector a fine of $500 per day until the landlord persuaded the tenant to permit the inspector to inspect the premise.

Institute for Justice | Seattle mandatory rental inspection Law

What project? A coastal barrier project that will be a 71-mile long system of gates and levees 

Where? Along the Texas Gulf Coast

How does eminent domain come into play? Businesses and residences on Bolivar Peninsula and Galveston Island could be impacted

Who would exercise eminent domain? Texas General Land Office

What do I need to know about TX GLO, eminent domain and the coastal barrier?

• eminent domain will e a last resort
• intent is to ” identify an alignment that minimizes and hopefully avoids that [eminent domain] if at all possible”

Timeline? 10-15 years of construction after 2021 federal funding allocation

Houston Chronicle | Proposed coastal barrier will enforce eminent domain as a ‘last resort’ 

Who: Amazon Headquarters 2

Where: New York

What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate

What specific eminent domain offers were made?

• “Subject to public approvals, ESD is empowered to acquire, encumber and dispose of any real property interest, including through eminent domain,”
• ““ESD can also override local zoning, offer tax subsidies while holding title to a property, and provide lower-cost financing or grants to economic development projects.”

Wall Street Journal | New York Touted Real Estate, Eminent Domain in Bid for Amazon

Newsweek | AMAZON NEW YORK DEAL: ALEXANDRIA OCASIO-CORTEZ BLASTS OFFICIALS FOR OFFERING 3 WORLD TRADE, FARLEY POST OFFICE BUILDING

The City of St. Pete Beach built a new park.

The City then made maps, websites,  physical signs, that suggested to the public that they were free to cross that private property to get to the beach.

The private property owners sued.

These actions- signs, maps and websites suggesting to cross private property are a taking tantamount to eminent domain.

 Chmielewski v. City of St. Pete Beach, 890 F.3d 942 (11thCir. 2018).

This is the question at the heart of a lawsuit in Louisiana.

What does state law look like for eminent domain? To use eminent domain, an entity must receive permission from a regulatory agency.

Is this the middle ground between no eminent domain for private entities and no checks on the use of eminent domain by private entities?

Louisiana Record | Eminent domain laws at heart of suit challenging Bayou Bridge Pipeline, law professor says 

The federal government’s Texas border wall illumates 3 eminent domain issues that impoact wildlife. 

The border wall is planned to run through the National Butterfly Center, a reserve for residential and migratory birds and butterflies and the impact to wildlife has been:

• Access.  Surveyors have left gates open after deaprting the facility
• Changes to wildlife environment. equipment and stakes impact sanctuary grounds
• Communication  Communication between the surveyors and the wildlife center can be summed up with  don’t know, talk to  U.S. Customs and Border Protection

KRGV | Surveyors Seen on Private Property without Permission 

• The route does not follow the river, is a straight line and makes 1000s of acres unusable
• Unwilling Landowner Litigation the route makes it necessary to take more land from 100s of unwilling landowners
• Religious land taking a historic Catholic mission will set up a lengthy legal fight over the 1st amendment freedom religion rights of the church vs. the government’s 5th amendment aility to use the power of eminent domain

The Monitor | EDITORIAL: Holy war: Government should reconsider planned seizure of church land

Florida’s SB10 (2017 |FL) did 2 things:

• prohibited the use of eminent domain &
• “mandated the construction of a reservoir south of Lake Okeechobee”
  • “to reduce discharges to the St. Lucie and Caloosahatchee estuaries in an effort to quash the harmful blue-green algal blooms that have wreaked havoc on Florida waters in recent years”

This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.

Florida Politics | U.S. Sugar says congressional action ends failed land pursuit

Michiugan will consider SB 1188 (2018 | MI) that will preempt local ordinances barring tree removal by:

• prohibit local governments from adopting or enforcing ordinances or charters “prohibiting or restricting the removal of trees or other vegetation.”

What exception did the author accept?

• allow local governments to willingly enter into contracts with private landowners to allow local control of storm water mitigating vegetation

What are cities saying in repsonse?

• vegetation and tree ordinances are also used to mitigate nuisances like to block dust or noise form one property to the next

Detroit Free Press | Michigan senator wants to cut local communities’ control over trees

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

• Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
• Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
• Public Necessity.   need a better balance between property rights and public necessity

A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:

• if a regulation declares a protected species
• to protect the land, it also has to be shown that the land is a habitat for that species

CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach 

What tree ordinance is the center of a law suit? Township of Canton, MI that fines the removal of  any “tree,” defined as anything with a woody stem and a three inch diameter. The fine is up to a $450 fine

Who sued? The Texas Public Policy Foundation 

What happened to get here? A landowner removed trees ans shrubs on his land to clear up a flooding issue and to eliminate a mosquito issue caused by the flooding

F.P. Development, LLC VS. Charter Township of Canton, Michigan

What question is the Texas Attorney General Opinion? Are guests at recreational vehicle parks are licensees or tenants for eviction purposes?

Why does this matter?  A tenant has exclusive possession & control of the premises with legal recourse; a licensee does not

RV guests, are they tenants or licensees?

• The Texas Attorney General has looked at this before in 2008  Attorney General Opinion GA-0606
• It depends on the contract at the RV facility

Legislative Fix? Re-define “recreational vehicle park” 

• TEX. TRANSP. CODE § 522.004(b) (defining “recreational vehicle”)
• TEX. WATER CODE § 13.087(a)(3) (defining “recreational vehicle park”)
• TEX. PENAL CODE§ 46.02(a-2) (recognizing that recreational vehicle may be used as either temporary

Texas Attorney General Opinion KP-0222 (2018)

Voters approved the constitutional change in North Carolina to add a right to hunt and fish to the state constitution.

Enabling legislation: SB 677 (2018 | NC)

Article I of the North Carolina Constitution will be amended by adding: “Sec. 38. Right to hunt, fish, and harvest wildlife.The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein shall be construed to modify any provision of law relating to trespass, property rights, or eminent domain.”

News 9 ABC | North Carolina constitution amended to guarantee right to hunt & fish 

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

• company communications about federal, state and local politicians
• documents concerning opposition to the pipeline
• records related to LSU researchers who published studies supporting Bayou Bridge
• documents related to the company’s use of eminent domain

The Advocate | Must Bayou Bridge builders turn over company records since they seized land?

New Hampshire voters approved a state constititional amendment to protect from government intrusion personal and private information.

The constitutional language: An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.

The passage rate: 80% of votgers supported it

Reason | N.H. Constitution Now Protects “Right to Live Free from Governmental Intrusion in Private or Personal Information” 

What city implemented a blight tax? Savannah Gerogia

What did they name their blight tax? Community Redevelopment Tax Incentive ordinance

How does it work? When a property is designated as blighte dby the city, the property tax increases 7 fold

What types of properties are impacted?

• properties that are easily accessible
• pose a safety risk
• are a haven for criminal activity
• BUT NOT, property that is boarded up,  secured & have no property maintenance violations 

What is the rate of collecting this blight tax? for the previous year, $15,000 was collected of the $37,000 assessed

Savannah Morning News | Savannah Increases Number of Properties targeted by blight tax 

In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.

The trial court and appellate court agreed that the roadway easement falls into  a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001

What legislative fixes could arise?

• eliminating driveways from transportation exception
• whether private parties can reap any financial gain from eminent domain

Dallas Business Journal | Rowlett condemnation case tests post-Kelo statute. 

The House passed a bipartisan HR 189 (115th Congress)  that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes. 

Congessman Goodlatte | Goodlatte Applauds House Passage of Legislation to Limit the Abuse of Eminent Domain

California Legislature passed AB 987 (2018 | CA) that streamlines building a new stadium for the Clippers & construction by the Oakland A’s by:​

• requiring litigation to be resolved within 270 days of the filing of the certified record of proceedings

NBC Sports | Pro Basketball Talk | State legislature helps Clippers take next step toward new home arena 

San Francisco Chronicle | Legislature passes bill to help Oakland A’s streamline construction of a Howard Terminal stadium

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

• Attorney Fees and Costs when a court determines a taking occurred
• State Attorney General creates a list of governmental actions that results in a taking occurring
• Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017