Where? California

What? SB 50 (2019 | CA)

How does SB 50 change single family zoning? By permitting more high volume housing construction in areas that are near:

• high-frequency transit lines
• job clusters
• good schools

Why? California has a housing shortage estimated at 3.5 million homes and single family zoning is an obstruction to high volume housing construction

Who wins? Developers and the housing market

City Lab | Political Battle Over California’s Suburban Dream

Where? Oregon

What? HB 2001 (2019 | OR) 

How does HB 2001 change zoning?

• Cities 10,000+ must allow duplexes in single-family zoned areas
• In the Portland and its county, must allow quadplexes and “cottage clusters” of homes around a common yard

Why? To fill a housing gap between single family and high rise living from zoning ordinances that some trace back to segregation

NPR | Oregon Legislature Votes To Essentially Ban Single-Family Zoning

Where: Maine

Legislation: LD 1383 (2019 | ME)

What will be required for transmission line upgrades that will use eminent domain? Approval from local governmental entities before eminent domain can be used

What transmission lines will this apply to?

• high-impact electric transmission lines
• transmission lines that are 50 miles or longer & capable of producing 200+ kilovolts

Why this change in Maine law? Its the requirement for other private entities that use eminent domain 

Portland Press Herald  | House votes to tighten utility rules on eminent domain

Maine Public | Bills Would Give Maine Communities More Say In CMP’s Transmission Project

Add Ohio to the list of states that want to keep bike trails from using eminent domain.

21WFMJ | Rep. Manning fighting against eminent domain for Mill Creek Bike Trail

What’s happening? California is building a state backed high speed rail line

Have farmers whose land has been acquired by eminent domain for California’s high speed rail been paid? No.

Have these farmers paid out of pocket expenses to reroute their farm infrastructure because of the high speed rail? Yes.

What story do I need to keep in mind when these conversations arise? 

• John Diepersloot
• Owns a fruit orchard and had his land taken for high speed rail
• John has $250,000 in out of pocket expenses for rerouting fair infrastructure due to eminent domain

Do the nonpayments include voluntary sales? Yes, yes they do. “Ray Carter, who voluntarily sold his farmland, says he has been owed $630,000 for three years.”

Los Angeles Times | High-speed rail route took land from farmers. The money they’re owed hasn’t arrived

Virginia employs Agriculture and forestal districts that give landowners these benefits when they commit their property to the districts:

• relaxed nuisance ordinances
• extra review of eminent domain disputes
• tax rate protection
• restrictions on the land that prevent almost all development except a fair house

Northern Virginia Daily | Panel wrestles with loss of land, state code

Where: Missouri

What:   the “Good Neighbor Bill.”

How does the Good Neighbor Bill work?  allow neighbors/neighborhood associations to clean up abandoned properties by picking up trash, mowing lawns and fixing windows without any legal ramifications

KCTV | Missouri bill would allow neighbors to clean up outside of abandoned houses

Whats happening? Landowners whose property became a location for a FERC permitted pipeline that allowed for a quick take without compensation since the property was taken 2 years ago.

What does this denial of cert. mean?

• Institute of Justice says we continue with the current system that “systematically disadvantages property owners whose land is taken for pipeline construction”
• Law Nerds Say: 5 other circuits have said the same thing, this isn’t an issue for the Supreme Court
• Industry says: Had the Supreme Court taken this case it would have slowed industry growth and increased costs

INSTITUTE OF JUSTICE | US Supreme Court Denies Cert  

S&P Global Platts | US Supreme Court declines to take case on eminent domain practice for gas pipelines

What’s been happening: Court cases, legislative action, and criminal charges.

What’s the kerfuffle? The Wilkes brothers bought land in Idaho that abuts open federal lands. In the process, they’ve closed off roads, that may or may not be maintained with tax dollars & gotten a trespass bill passed that required less notice for the land owner.

Who is mad? Outdoor enthusiasts. It’s Idaho, they love the outdoors.

Why does this sound familiar? It is legally similar to the California Billionaire who tried to cut off access to a previously public beach. His plan lost in state courts, federal courts, state agencies and the California legislature.

IdahoNews2 | Another road closure reported on billionaire Wilks brothers’ Idaho land

Where: Colorado

What’s happening? State law in Colorado permits  Colorado Preservation, Inc. to bundle properties together to place the properties in the National Registry of Historic Places as a Multiple Property Documentation Form

The bill: HB 19-1078 (2019 | CO) 

What did the state law legisaltion do to impact this federal hisptorical property registry?  

• Require each landowner’s consent
• For all lands included within an area described or included within a Multiple Property Documentation Form
• Only after this can the Colorado Preservation Board approve 

The Fence Post | Lewis’ bill protects private property

Where are Business Groups are suing to stop a wildlife corridor: Ventura County CA

Which Business Groups are involved?

• Ventura County Coalition of Labor Agriculture and Business
• California Construction and Industrial Materials Association

What is a wildlife corridor?

• limits impermeable fencing, night lighting, construction and clearing of vegetation
• to help wild animals move between the Santa Monica Mountains and the Los Padres National Forest
• as the wild animals search for food, shelter and mates
• Applies in a land-use zone of 163,000 acres to protect the passage of wildlife

What land is the cooridor hampering access to? An aggregate quarry

VC Star | Business groups sue to block Ventura County’s wildlife passage law

The 8th Circuit ruled that limits on yard signage cannot prevent 2 signs, if it permits 1 flag and 1 sign.

Where: Augusta County, VA

The proposal: County Board of Supervisors voted against a solar farm

What property rights are at issue?

• The county wants to maintain county property for the county inventory for a potential development
• The farm land owners want the option of solar
• Neighboring property owners are concerned about their property rights

New Virginian | Augusta County supervisors nix solar farm on 4-3 vote

Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:

• There is a property value in a taxi license/token
• Even if there is a property right, is the value in operating the taxi free of others operating similar services?

Courts in FL and IL have said yes there is a property right, but it doesnt grant exclusive rights that would be compensated under the takings clause.

Owners Counsel | Lawprof: “Does Legalizing Uber and Lyft ‘Take’ The Property Of Taxi Companies?”

Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.

With eminent domain, acquiring land would be:

• quicker
• cheaper
• makes rural and suburban areas more competitive for big economic development deals where land is easier to acquire

Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do

Where: Raleigh, NC

What is Raleigh up to?

• limit of 2 adult guests
• allow rental of only 2 rooms in a home
• $500 violation fine

WRAL | Raleigh to limit number of guests, rooms Airbnb hosts can have

This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.

Where: New Jersey

The legislation:  S3158 (2019 | NJ)

What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners

So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.

Cape May County | Andrzejczak Bill to Exempt Private Short-Term Rentals from Additional Taxes Clears Committee

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

Where: Pennsylvania

The Legislation: HB 827 (2019 | PA)

What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking

KYW | Pa. House debates bill to require compensation if DRBC bans fracking

Which state had a private proeprty rights ombudsman? Connecticut

How was it created? By the governor.

The last Governor to include on in their administration: Gov. Jodi Rell’s administration

3 other states have a state office that advocates for property owners: Utah, Virginia and Ohio

Connecticut Law Tribune | Bring Back the State’s Property Rights Ombudsman

Where: Oregon Supreme Court

What: Extended “privacy interests” to garbage left out for collection, for both the bins on the curb & their contents after being hauled away

How did we get here? The police in the case, asked the private company that operated the waste collection service to separate a property’s trash. This amounted to an illegal search by a private comapny acting as an agent for law enforcement.

Didn’t the US Supreme Court say trash was not private? yes, but it allows states to extend more privacy protections. So here we are.

Corvallis Advocate | State Supreme Court Extends Property Rights To Private Trash

• Republicans oppose taking land for trails and sidewalks calling it “egregious government overreach”
• Republicans support allowing foreign corporations to use eminent domain
• In the state budget Republicans expanded the types of oil pipeline business structures granted eminent domain power

Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain

What is an airspace easement? an easement taken by an airport 

What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees

What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)

The Westerly Sun | Judge declines to dismiss lawsuit over airspace eminent domain

Where: North Carolina

What: A long time lawmaker, whose lawfirm represents a utility, also pushed legislstion to help the utility, allegedly according to an ethics complaint

Why the beef? Because the utility is taking people’s land 

Tacoma News Tribune | AP | Group files ethics complaint against N Carolina legislator

Where: Missouri

What does the amendment look like? “No political subdivision shall use eminent domain or condemnation proceedings to acquire property for a recreational use including, but not limited to, a park or trail.”

News Press Now | State Representative takes aim at eminent domain  

State: Missouri

Legislation: SB 391 (2019 | MO)

Land Uese issue: Prohbits counties from making stricter rules on concentrated animal feeding operations than the state Department of Health

Yes, state preemption over county ordinances for feedlots.

MDJ Online | Property rights legislation proposed

San Antonio Express News Editorial, Eminent domain law reform needed, says these are the reasons texas needs eminent domain reform:

• Texas is going to face a lot of eminent domain in our growing state with its growing energy industry
• there are a lot of property owner horror stories
• let’s be fair, there is no harm in transparency

The dialog around eminent domain changes when Jay-Z includes eminent domain in lyrics:

‘Gentrify your own hood before these people do it / claim eminent domain and have your people move in.”

Adieu to the obscure legal issue that wasn’t mainstream.

Metro | Jay-Z dreams of Nipsey Hussle ‘visiting him’ as he performs emotional freestyle for slain rapper

Missouri legislators amended HB 1044 (2019 |MO) a park funding bill to include this amendment to ban local governments from using eminent domain for parks and recreational space.

the amendment: 

Alabama’s HB 38 (2019 | AL) would define compensation for eminent domain purposes as:

“wholly reconstruct the existing property as it exists” at the time it is valued by an assessor.”

AL.COM | Mobile launches a ‘game changer’ with inaugural departure from Downtown airport 

The Consumer Energy Alliance says SB 421 (2019 | TX) could increase energy costs by:

• Pipelines will cost more to build
• The increased cost of pipelines, and delays in building pipelines, will raise feul costs

San Antonio Express News | SB 421 may cause spike in energy costs

A federal court has ruled that chalk marks on a car’s tires to denote how long a car has been parked in one space amounts to an illegal serach and seizure.

USA TODAY | Chalking tires to enforce parking rules is unconstitutional, court says

Where:  Teller County, CO

What: Would limit property owners to 60 days of camping  on their land 

Why: Limit homeless encampments 

KOAA News 5 | New ordinance to prevent long-term camping in Teller County

A Utah based company purchased multiple mobile home parks in Iowa, which is spuring this legislative idea in Iowa:

•  require 180 days’ notice of rent increases for mobile homes
• give Iowa’s attorney general more authority to investigate complaints about mobile home park abuses
•  “good cause” for any evictions fro mobile home parks

Iowa Public Radio | Lawmakers Seek New Protections For Iowa Mobile Home Park Residents

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