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

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