Land Use & Property Rights

Where? First, Anchorage, now Austin, TX

What? An agreement between a developer & nonprofit Ending Community Homelessness Coalition

How much will be covered?

• housing 100 homeless people for up to 5 years
• $1.75 million in support to fund in-home health care and social workers

Austin Business Journal | Ahead of final rezoning vote, 4700 East Riverside developers announce plan to house homeless

How did we get here?

• Picture an open beach that surfers enjoy in Northern California
• A billionaire buys the property and closes the beach
• Legal disputes wind through state agencies, state courts, and federal courts
• Other beach access came into the picture, including ranch land with beach access
• IN 2018 Gov. vetoed a softer version of the bill
• 2019, Gov. Newsom signs AB 1680 (2019 | CA)

What does AB 1680 do?

• Provides public access for coastline
• Creates a crime for blocking beach access
• Grants Coastal Conservancy and States Lands Commission eminent domain authority to be used expeditiously to create boundary lines for beach access

LA Times | Newsom signs bill to open Hollister Ranch beaches to the public

Where: Miami Beach

What does state law say about short term rental fines? A cap of $1000

What does Miami Beach say? A $1000 fine isn’t stopping short term rental violations by wealthy property owners so they’re implementing fines from $20,000 to $100,000

What other enforcement mechanisms are being used by Miami Beach? shutting off utilities, including electric, water and sewage until a home owner proves that the property isn’t being used for short term rentals

Reason | Miami Beach’s $100,000 Fines for Airbnb Rentals Are Illegal, Court Rules

How do property rights come into the 2020 candidates? By lowering drug prices, the impact is taking intellectual property rights from pharmaceutical companies

Is this unusual in health care? No, the America’s Health Insurance Plans did the same in a letter to the Trump Administration

The Hill | 2020 Democrats embrace aggressive step on drug prices

Where: Florida

What’s happening with racetracks in Florida? Florida banned dog racing

What did racetrack owners do in response? Filed suit alleging property rights violations because state law categorizes racing animals, in this case dogs, as property

Orlando Sentinel | Greyhound racing supporters sue to overturn Amendment 13, which bans dog racing

Where: Richland, Washington

What’s the property background: Owners have lived there 40 years, want to add a bedroom, closet and bath to their 1/1 cottage

What’s the city say: Impact Fee is $60,000

What do property rights attorneys say? Institute of Justice says:

• the Supreme Court ruled that excessive fines constitutional protection applies to this
• impact fees have to prove an impact, and at the same owner is not a new impact

KEPR | Richland widow suing city for right to renovate home

Where: Boise Idaho

Why did the mayor of Boise create a short term rental advisory committee? 1200 public comments on a short term rental proposal

Who will be on the advisory committee?

• local residents
• neighborhood leaders
• property owners
• realtors

What will the advisory committee be tasked with accomplishing?

• address the impact of short-term rentals on neighborhoods
• address the need for housing affordability
• offer recommendations to Boise City Council

KTVB | Boise forms advisory group for ‘complex’ short-term rentals issues

Where: Arizona & New Mexico

What is the new group property rights group? Southwestern Communities Coalition

What does Southwestern Communities Coalition support?

•  thriving communities
• sustainable growth
• a strong economy
• sound stewardship of natural resources
• protection of property rights
• job growth and creation

How big is the coalition?  Operates in 16 counties in Arizona and New Mexico

Arizona Range News | New group looks to jump start economy, promote private property rights

Where: Ohio

What limits is Ohio considering on eminent domain? Whether eminent domain can be used to build recreation trails

The legislation: HB 288 (2019 | OH)

The Center Square Ohio | Should government be able to seize private property to build rec trails? Ohio lawmakers study

Where: Sweden

Who: McDonald’s is adding beehives to the back of its billboards to promote honey bee communities

Is the company partnering with a billboard company? Yes, McDonalds and JCDecaux are adding beehives to the back of unused billboards as well

Good News Network | McDonalds is Turning Dozens of Roadside Billboards into ’Bee Hotels’ in Sweden

Where is this legal brouhaha occurring? Texas

What’s the shuffle about? photojournalists say Texas law interferes with their 1st amendment rights

Which no fly zones are involved?  no-fly zone above buildings like sports stadiums & prisons 

Potential legislative fixes: Add a definition of “surveillance,”

Dallas Observer | Photojournalists Group Challenges Texas’ Drone Law (with link to lawsuit)

Where: Boca Chica Village, Texas

Who: Space X

How much is Space X’s offer?

• 3 times appraised value
• VIP launch viewing access
• the offer is time limited to 2 weeks

Texas Standard | SpaceX Offers Buyouts To Boca Chica Homeowners

Business Insider | SpaceX is trying to buy a hamlet inside its Texas rocket-launch site because it ‘did not anticipate’ there’d be any ‘significant disruption’ to residents who live there

What occupation(s) are addressed in Texas Attorney General Opinion KP-0272? Bail Bonds

What question was answered? Whether local jails can contract with 3rd party vendors to provide for signage for bail bonds, for a fee to the bail bonds service.

Are signage board permitted in jail facilities or do the boards violate the prohibition on solicitation by bail bonds? Signage for bail bonds is permitted in local jails

Where: Boise Idaho

What regulation would Boise require for short term rentals?

• A city issued permit
• Must be a residence, that the owner otherwise occupies
• Limits a single property to ONE short term rental
• Comply with City Code

3 reasons Boise realtors oppose the regulations?

• creates more obstacles for owners
• infringement on property rights
• the regulations will do nothing to address housing affordability, the basis for the regulations according to the city

KTVB | Boise realtors’ group opposes city’s plan to regulate short-term rentals

Who is the New Kid on the Block? Swimply, the “AirBnB of pools”

What is the benefit to property owners? offset the cost of pool & its maintenance

Does the platform provide insurance? No.

Does the platform require pool inspections? yes, a 24 point pool inspection is required

Los Angeles Times | Don’t have a backyard pool? Swimply, the Airbnb of pools, might be your answer

What project is seeing cost increases over land acquisitions? California’s High Speed Rail

What 5 ways are land acquisitions increasing costs for the project?

• construction delay costs
• land acquisition cost increases
• litigation costs
• the launch of a federal audit
• Ethics investigation into the consultant property chief

Los Angeles Times | California bullet train’s mishandling of land deals adds to mounting costs and delays

Which high speed rail authority has property challenges? California High Speed Rail

What Property challenges?

• Eminent Domain. Acquiring Property
• Landlord. It has acquired property that isn’t actively used but must be maintained.
• Toxic Land. It has to remediate toxic land it obtained
• Actively engaged in agriculture. To obtain a right of way, it had to purchase fields in some cases and now has at least 466 acres of land under cultivation
• Relocating Utilities. Acquired land has services that must be moved to continue the project.

Governing | California Bullet Train Slowed by Unforced Errors

Which court is considering whether a delegation of eminent domain authority include sovereign immunity? 3rd Circuit in In re PennEast Pipeline Company, LLC, — F.3d — (September 10, 2019),

What did the court say about sovereign immunity and eminent domain? Not happening unless there is a clear statement in the delegation

Yale Journal on Regulation | Delegation of Eminent Domain Powers to Private Entities: In Re PennEast Pipeline Co.

Where: Pueblo County, Colorado

What rail project: Southwest Chief & Front Range Passenger Rail Commission’s Front Range Rail

What decisions will voters make?

• taxing authority of rail district
• eminent domain authority of rail district
• bonding authority of rail district

Who oversees the district? The Southwest Chief & Front Range Passenger Rail Commission is under the Department of Transportation’s purview

Public Benefits of the rail line:

• support for population growth
• support economic growth
• offer sustainable, reliable travel choices

CPR | A Vote On Front Range Rail Could Come In 2020

Where: Arizona

When did Arizona pass statewide law prohibiting local bans of short term rentals? 2016

What did 2019 revisions do to this statewide protection of statewide short term rental rules?

• local licensing
• local officials can require information about short term rentals

How does Tempe, AZ proposal to regulate short term rentals look?

• Require contact information for the owner + an emergency contact
• and that the contact information be displayed in the short-term rental.
• Require contact information be updated in writing within 10 days of a change
• Creates a local database and local licensing forms
• Compliance with all federal and local laws, rules and regulations
• Require a transaction privilege tax license
• Defines a vacation rental or short-term rental

KTAR | Tempe considers regulating Airbnb-type short-term rental properties

What will the investigation by the federal Government Accountability Office focus on? Whether the use of eminent domain for the border wall is permissible against private and/or public lands in New Mexico

Why would it matter whether the border land is owned by the state or private land owner? There is a stronger argument to use eminent domain against the state based on a proclamation that pre-dates statehood

Albuquerque Journal | Eminent domain efforts for wall to be probed

The Opinion:

KP-0267 (2019)

Who requested the opinion?

Corrections Committee Chairman James White

What questions does the opinion answer?

• “whether a Texas court would conclude that the Eighth Amendment’s excessive fines guarantees are incorporated by the Fourteenth Amendment’s Due Process Clause or, alternatively, by its Privileges and Immunities Clause”
• “whether· Texas courts would recognize article I, section 13 of the Texas Constitution “as a constitutional guarantee that protects Texans from excessive fines.”
• “how a court would “likely interpret a law that mandates the executive branch to enforce a statute accompanied with an excessive fine.”

The answers:

• Q1. Yes.
  • TX Courts would find 8th Amendment excessive fine guarantees in the 14th Amendment Due Process Clause
• Q2. Yes.
  • This part of the Texas Constitution protects against excessive fines- there is a loophole. The Court could separate the unconstitutional part of the fine and permit the constitutional portion of the fine.
• Q3. Yes.
  • The US Constitution, the US Supreme Court ruling, would be instructive on Texas Courts.

Where:

US -Mexico Border

Who:

Rachel’s Network

What is the target audience of Rachel’s Network?

• addressing the “other side” of commonly-discussed issues
• targeting marginalized groups overlooked by media coverage and funding efforts
• such as translating eminent domain information + landowners’ rights materials into Spanish

How are funds being expended?

• Center for Biological Diversity
• Texas Civil Rights Project

Philanthropy Women | How Rachel’s Network Funds Vital Efforts at US-Mexico Border

Where:

California

What bill did not address raised eminent domain abuses?

SB 5 (2019 | CA) A bill to reestablish a redevelopment agencies that were know to have ” abused eminent domain” & replete with “crony capitalism.”

How much redevelopment funding is in SB 5?

• $2 billion a year to the local governments
• 1/2 of which is dedicated to affordable housing

LA Times | Some bad bills still alive as Capitol session nears the end

Where:

Utah

What is a “resolution of necessity”?

Utah local governments pass resolutions of necessity to authorize eminent domain actions by government attorneys

How much funding is included in a resolution of necessity?

The resolution lists the amount appropriated by the local government for the eminent domain taking.

Camarillo Acorn | City wants to strike deal with LDS church

Where:

Harris County TX

How is Harris County planning on strengthening its input in low income housing development?

By passing resolutions supporting developments.

What is Harris County’s goal?

To prevent what they see as arbitrary denial of low income housing tax credits

Community Impact | Harris County seeks to have more influence in tax credit process for low-income housing

1. Immigration rhetoric trumps border property rights
2. Trump likes the ruling in Kelo and has reprioritized property rights
3. There is no Republican resistance to de-prioritizing property rights

L.A. Times | Reason | Opinion: Trump seizing private property for his wall? Don’t say he didn’t warn you, GOP

Where: Wisconsin

What entity designated the properties as blighted? Village of Mount Pleasant

How much land was designated as blighted? 2800 acres, including “luxury homes”

What entity benefited from the taking? FoxConn

Wisconsin Watch | ‘Blight’ declaration for Foxconn one of the largest ever seen, experts say

Where: Detroit

Who: Sharing Detroit

Who is Sharing Detroit?

• short-term rental owners
• managers
• contractors
• other individual supporters of short term rentals

What affiliations? Not affiliated or supported by Airbnb

What 4 short term rental regulations are opposed by Sharing Detroit?

• Short-term rental properties must be the owner’s primary residence
• Rental units must be at least 1,000 feet apart
• Rentals cannot host more than 10 guests at once
• Units can’t be rented out for more than 90 days/year

Crain’s Detroit | Group fighting proposed Airbnb, short-term rental rules in Detroit

What start up is advancing blockchain property rights? Bitmark

Who is investing? WI Harper and DCG

Who is on board with Bitmark’s concept? UC Berkeley, H2, and Pfizer

Bond and Finance News | Blockchain-based Property Rights Startup Closes $3M Led by HTC

What is park equity? well-maintained with quality amenities and programming in low income and minority areas

How does park equity benefit cities?

• promote equity in mental and physical health
• encourage economic prosperity
• “Infusing vibrancy back into public spaces transforms the perception of place and can become a strategy for wealth building for existing residents and businesses”

Where is park equity taking root?

• Miami-Dade County, Fla.
• Brownsville, TX
• San Francisco Recreation and Parks Department

Who is talking about this? City Parks Alliance and the Urban Institute

Governing | Parks for All

Where: South Padre Island

How are property owners notified before fines? 2 rounds of notices

What fines can be imposed?

•  $1,000 a day for a first offense
• $1,500 per day for each additional offense

What fees are imposed to establish a short term rental on South Padre Island?

• annual licenses cost $200 for hosted rentals
• $400 for unhosted rentals
• $100 fire safety inspection fee
• $20 processing fee

Press Herald | South Portland to act on short-term rental violations

Where: Las Vegas, Nevada

What limitations on short term rentals exist in Las Vegas?

• Area limitations.
  • Prohibited in the areas flanking the Strip
  • Prohibited south of Sahara Avenue

How is Las Vegas enforcing illegal short term rentals in those areas?

• Asking neighbors to call in, document with pictures and report illegal short term rentals
• $1,000 fine per day added to their property tax bill

3 News Las Vegas | Clark County finds new way to levy fines on illegal short-term rentals

Where: North Carolina

What legislation was vetoed? HB 645 (2019 | NC)

Why was HB 645 vetoed?

• Local governments should have more say over billboards, clearing, and tree cutting
• Protecting the beauty & environment should be a top priority

News & Observer | Gov. Cooper vetoes bill that would have let billboard owners bypass local rules

Where: Longview Texas

What arguments are being used to revisit billboard ordinances?

• Times have changed since they were written
• Digital Billboards are modern technology
• Digital Billboards could help reduce the number of billboards

News Journal | Longview could revisit billboard sign ordinance; Waffle Shoppe site to remain for now

Where: Swansea, Massachusetts

What’s happening with zombie property in Swansea? Covenants were added to a shopping center’s title and its impacting new tenants causing the city to look at eminent domain

How will eminent domain be used?

• In Longmont, CO eminent domain was threatened on an abandoned department store in a mall, and an agreement emerged to redevelop the property
• Worcester, Massachusetts threatened eminent domain on a downtown mall and it was sold for redevelopment

Bisnow Atlanta | Could Eminent Domain Be The Zombie Mall Slayer?

Where are prayer zones popping up? South Carolina

What specific area is being protected in the prayer zone? Areas around South Carolina Schools

Is there a local ordinance or a state law on prayer zones? No, the signs do not require regulation is they are on private property and out of right of ways

WSOCTV | ‘Prayer Zone’ signs crop up near South Carolina schools

Where: New York

What would the legislation do? prevent the annexation of farmland for industrial use

What argument do local governments offer to use annexation of farmland? It is an economic development tool

WAMC | Assemblyman Calls For Moratorium On Farmland Annexation

Times Union | Bill would slow transformation of farmland to industrial use

Where: Illinois

Who: mayors of Burr Ridge, Darien, Hinsdale, and Willowbrook

How: By using eminent domain to acquire the land, they would prevent the re-opening of a medical-device sterilization facility

What is the environmental issue with the facility? A state regulatory agency shuttered the facility over the emission of harmful gases

Bloomberg Environment | Illinois Cities Consider Eminent Domain to Stop Sterigenics (2)

Where: Oakland California

Who is making the opposition arguments? local pastors

Which stadium was built with the use of eminent domain? Oakland Coliseum, home to the A’s since 1968

Community arguments in opposition to a new waterfront stadium?

• the new stadium forsakes “the significant investment in the Coliseum”
• insult to the residents of East Oakland, who have been partners and neighbors
• redevelopment of the Coliseum will price residents out of their neighborhood
• tax dollars should not go to a private developer in the form of subsidies when there is education and infrastructure that needs the funding

Mercury News | A’s move from Coliseum would be insult to East Oakland residents

Where: Texas Hill Country Pipeline

What: Kinder Morgan is ordered to pay an additional $2.7 million to 3 land owners

How far along is the legal process?

•  Blanco County Special Commissioners
• Up next: District Court

What revenue sources will the pipeline offer for local governments and landowners?

• The company says $1 billion annually to state and county governments 
• Permian Basin leaseholders will earn more than $2 billion in annual royalties

Houston Chronicle | Kinder Morgan ordered to pay another $2.7 million in Hill Country pipeline dispute

• This Conservative Court USSCT is going to AMAZING for property owners.CATO is joining Owners Counsel of America, Penneast New Jersey Property Owners, and Institute for Justice in an Amicus asking for US Supreme Court review of a pre-condemnation access and bond case
• Pay up first. Property owners should not be deprived of their land while they still possess their land without compensation.
• Private Companies need to be watched closely. Private companies exercising Eminent Domain need more guardrails.

CATO | Don’t Abuse Property Rights to Build Pipelines

Who is taking about property rights in data? Academics at Stanford & Republican Congressman & the World Economic Forum

Is there lingo to learn? ODP Online Data Property

How would this work? Private sector & government would recognize consumer data as the property of the consumer.

AEI | Perspectives on Property Rights in Data

Where: San Francisco

The ordinance: Plastic and Litter Reduction Ordinance

What is required but he Plastic and Litter Reduction ordinance?

• A gathering of 100 or more on city owned property requires reusable cups for at least 10% of attendees
• Single use food service items are available only by request

What? Opponents to eminent domain are surreptitiously planting fruit trees on land that has been taken by eminent domain

How could this be used? Imagine a group planting state trees or state flowers that could be protected from removal.

The signage:  “A gift to the people, reclaiming land stolen by corporate greed.”

Where did this happen? Property taken for the Kelo project in New London, Mass.

The Day | Group is planting fruit trees, vegetables on Fort Trumbull eminent domain land

Where: Wind Point MN

What: A municipal license

What would the municipal license replace? local short term rental ordinances

Journal Times | Wind Point looks to pre-empt Airbnb issues by creating municipal license

Where: Moab Utah

What is Moab doing? Adopted a new land-use code that blocks construction of new hotels, condos and houses intended for short-term rental

Is the prohibition permanent? The intent is to study and find appropriate zoning restrictions for hotels, condos and houses intended for short term rentals

The Salt Lake Tribune | Moab has extended its moratorium on new construction for short-term rentals

Where: D.C.

What resolution protecting private property? Sen. Steve Daines (R-Mont.) resolution condemning socialism

How does private property rights fit into this? Socialism will “eliminate the private property rights of all people of the United States.”

Why does this matter? Every legislature will have a Republican filing the same or similar resolution calling on the protection of property rights

The Hill | GOP senator introduces resolution to formally condemn socialism

Where: North Dakota

What is pore space? The hollow underground space in rock formations

Who sued? Northwest Landowners Association

Why did they sue? The only property rights protections for pore space in statute were contractual and that made the taking of pore space, without a contract for compensation, a taking without just compensation

The proposed legislative solution: permit  compensation for pore space used for saltwater disposal or enhanced oil recovery, unless the land owners have an existing contract

San Francisco Chronicle | Group sues North Dakota over ‘pore space’ law

Albany Times Union | Group sues North Dakota over ‘pore space’ law

WHO: Economist Leah Brooks and law professor Zachary Liscow

WHAT: Looking at the cost of construction from 1960 to 1980 find land costs are minimal

HOW does this impact eminent domain reform?

• eminent domain reform does not increase construction costs, even when accounting for inflation
• the proportion of construction costs that relate to land acquisition has not risen in comparison to the project costs

Bloomberg | America’s Roads and Bridges Cost Too Darn Much

Where: Oklahoma

What’s happening? Oklahoma separately values the property owned by companies that have eminent domain authority

How does it work?

• impacts “public service” companies (companies that have the privilege of using eminent domain)
• property assessments are conducted annually by the Oklahoma’s State Board of Equalization 
• there’s an opportunity for companies to protest, all the way to the State Supreme Court
• assessments are certified by the governor, lieutenant governor, state auditor and inspector, state treasurer, attorney general, state superintendent of public instruction & the president of the board of agriculture
• certified assessments are sent to counties

The Oklahoman | ‘Public service’ valuations complex but usually worked out, administrator says

Where: Pennsylvania

Why does state law determine compensation in a federal eminent domain? Natural Gas Act according to the 3rd Circuit

What compensation does this open? consequential damages

Reuters | 3rd Circuit adds consequential damages to Kinder Morgan’s tab for pipeline expansion

Where: Parker County, TX

What is happening? landowners in the path of a pipeline are receiving no notice of entry onto land and are removing trees

How does this differ from other examples? Some landowners say they had existing contracts with the pipeline company that required notice and the preservation of certain trees

Beyond compensation and the eminent domain reform is there another legislative issue? Yes, is pre-condemnation access trespass?

Weatherford Democrat | Frustrated

Where: Dallas

What: a carwash on Martin Luther King Jr. Boulevard in South Dallas

What action did the city take? city’s zoning board of adjustment determined the property was a nuisance which caused the business to cease operations

Why does this matter: 2019 eminent domain bill concerned compensation and if this local government action is a taking it adds to the stack of compensation policy issues

Dallas Observer | Car-Wash Case a ‘Taking.’ If It Stands, No One Is Safe, Not Me, Not You

Where: North Carolina

What’s the bill look like? HB 645 (2019 |NC)

How will HB 645 change property laws related to billboards?

• allow more billboards
• allow existing billboards to be moved up to 250 feet
• allow more digital billboards
• allow for tree trimming for the preservation of billboard sightline
• if eminent domain is used to remove a billboard, it can be relocated within 2 miles
• prohibit cities & counties from banning or limiting digital billboards

Who is in the opposition?

• environmental groups
• conservation groups
• wildlife groups

NC Policy Watch | Senate passes billboard measure, eroding local control, allowing for more digital outdoor ads

Where is this happening? north St. Louis County Missouri

What is happening? A blighted building cannot be sized by eminent domain

Why can’t eminent domain be used?

• the county issues the blight citations
• the property is technically in a municipality
• eminent domain is limited in the scenario to only transportation projects

KMOV 4 | North County tower sits in shambles, pinpointing blame difficult

Where: Austin, TX

How did the city determine illegal short term rentals? City hired a contractor

What did the contractor find? 75% of Austin’s short term rentals were illegal

New Kid on the Block: short-term rental monitoring company Host Compliance

Statesman | Study Finds 75% of Austin short-term rentals are illegal

Where: Georgia

Who is taking action? Glynn County Tax Commissioner Jeff Chapman.

How would short term rentals be taxed? By recalculating or revoking the homestead exemption

The Brunswick News | Homestead exemptions target of increased scrutiny

Where: Colorado Springs CO

Who is initiating the tax change? County Assessor Steve Schleiker 

How would a local tax assessor do this? Reclassifying the property as commercial from residential with a potential assist by the Legislature

The Gazette | Colorado Springs short-term property owners could see massive tax bill increase

Where: Florida

The legislation: HB 1159 (2019 | FL)

What does it prohibit?

• No city approval to remove, replant, prune, or trim a tree
• No required replanting of a tree if a tree is removed

WTSP | New law allows property owners to remove, trim trees without a permit

Where: California

What?  No private transfer fees

Are there exceptions? Yes, if the fees are used exclusively to support the encumbered property or cultural, education, charitable, recreational, environmental, or conservation

The legislation: AB 3041 (2028 | CA)

What: a poll conducted by San Marcos Daily Record

The results: majority believe more oversight if private entities have eminent domain authority

San Marcos Daily Record | Majority Believes Eminent Domain Should Not Be Given To Private Companies Without More Oversight

Where? Lancaster PA

What happened? Nuns protested a pipeline that was running through their convent’s land, ended up charged with trespass and fulfilling community service

What did the judge say about the situation? “We must all be more vigilant to elect to those legislative positions persons who are highly concerned with their local constituents and local problems, and not those who merely look for personal advancement, or who look to industry to fill their coffers for reelection.”

Lancaster Online | Judge in pipeline case offers some useful advice about how we should choose our lawmakers [editorial]

Where?  Florida

What legislative action triggered the lawsuit? When the county disbanded the Hillsborough County Public Transportation Commission

What governmental entity is being sued? The county

What is the claim? That the county’s regulatory change devalued taxi medallions that that is tantamount to a taking that requires compensation

Tampa Bay Times | Lawsuit: Hillsborough’s new taxi permits cost drivers thousands

Where? Texas

What question(s) will the TX Attorney General answer? Statutory Construction of the dog bite law, including?

• Definition of sworn complaint
• Does it have to be shown that the attack was unprovoked?
• What are defenses if the dog attack was provoked?
• Is the 10 day hearing requirement a hard limit? Or, can it be continued by the party or determined by the docket?

RQ -0294- KP Texas Attorney General

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