Land Use & Property Rights

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

• to report settlements  concerning construction defects within 90 days
• if settlements were for more than $1 million
• concerned multifamily residences
• The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature

Business: RVezy

What is RVezy​?

• short term rental/sharing of RVs
• including peer-to-peer insurance in 2017

Watch for regulations & legislation on:

• permitting
• licesning fees
• taxes
• insurance requirements
• use and parking locations

Markets Insider | Another First for the RV Sharing Economy: Canada’s RVezy Launches IOS & Android Ap

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

• strengthens bona fide offer
• additional dislcosures of appraisal reports
• additional detail disclosures for easements
• hold harmless clause for the land owners
• nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
• an attorney fees trigger mechanism for nongovernmental entities
• shifts property taxes to the condeming entity 

Lufkin Daily News | ASHBY: Don’t forget to exercise your right to vote

Tennesee

• HB1020 (2018 | TN)
• allows local govenrments to ban or limit short term rentals by ordinance
• grandfathers in existing short term rentals into local ordinances

Arizona

• SB 1350 (2016 | AZ)
• local governments cannot prohibit short term rentals
• touted as “financial breathing room” for families

Washington Post | Political contests erupt as cities and hotel industry struggle to curb Airbnb

Courts in China are ruling that bitcoin is property. Most current state statutes do not define how to recognize bitcoin by state law.

Bitcoin Magainze | Crypto is Property: Chinese Court Upholds Citizens Rights to Own Bitcoin

What land was taken? a 9,500-square-foot parcel that for 30 years operated as a salvage parcel

What compensation was given by the state? $65,000 and a new entry 110 feet away and shared by other retailers

What did the jury say?

• the shared new drive created safety concerns and was not adequate compensation
• the land ownrs are woed $500,000+

State of Texas v. Skyway Holdings LLC, No. 0015-04-083

Marrs Ellis & Hodge | Owners of Texas Business Win $500,000 Jury Verdict in Eminent Domain Dispute

Arizona passed a state short term rental law that requires cities to allow short term rentals. 2 unintended consequences:

• Special Use Permitting by Cities for Events Some cities, like Mesa, are considering moving short term rentals that are used for events to a special use permit for events. Current ordinance does not allow residential properties to be permitted for special events.
• Alcohol restrictions in special use permits, but not short term rental laws. If a special use permit is issued by the city can alcohol be served? In Chandler, AZ no. But, if the mansion, that is rented for weddings, operated as a short term rental, the alcohol restrictions would not apply.

It’s complicated.

AZ Central | Cops at your wedding? Cities crack down on Airbnb, VRBO rentals as state law limits options

WHERE: Illinois

WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue. 

HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.

KPVI | Some Illinois cities eye eminent domain to boost revenue

What? On October 25, 2018 teh federal government notified the Diocese of the taking of 2 properties

Which properties are impacted? La Lomita Chapel & property south of the Juan Diego Academy in Mission

the public purpose?

• conduct surveying
• testing
• investigatory work for proposed construction of roads, fencing, vehicle barriers, security lighting, cameras, sensors and related structures to secure the border

compensation to the Diocese?  initial estimate for reimbursement at $100

What’s the big deal: Courts through out the nation have been wrangling with the 5th amendment takings clause v. the 1st amendment freedom of religion and which right trumps.

Brownsville Herald | Diocese opposes border fencing on its property

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

• increased economic activity from eminent domain projects are not always realized
  • for example, the land taken in Kelo v. New London remains vacant
• In Wisconsin eminent domain is being used for a FoxConn economic development project
  • After the use of eminent domain, the same taxpayers will subsize FoxConn salaries 17 cents on the dollar
• the border wall showcases that not all landwoners are receiving adequate compensation amind allegations tha tonly wealthy landwoners are being compensated adequately

Above the Law | Eminent Domain No Longer Serves The Public Interest

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns private property rights of whether drilling can occur near neighborhoods has broad implications:

• Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
  • The companies have contibruted millions opposing the campaign
• Oil and gas service companies will be impacted, many of which are home to other states
• Investors impacted: financial services & private equity groups 

Red River Radio | Colorado Vote Could Affect Oil & Gas In Texas and Louisiana

Where: Montana

What did this Attorney General Opinion say that prompted  a lawsuit by the Governor?

• state land board is required to vote on all but the smallest conservation easements that state agencies proposed

Why is this a big deal?

• Impacts a state program supporting Hunting & Fishing
• Impacts private property rights by limiting use of ranch land

Missoula Current | Bullock sues AG Fox over approval authority for conservation easements

Republican HD 8 Candidate Cody Harris on eminent domain:

• opposes eminent domain for high speed rail
• more transparency in property rights issues

Palestine Herald Press | State rep candidates differ on immigration, border policy 

Florida can award attorney fees for eminent domain cases. The justification? “It is the government’s “dis-incentive” for these types of lawsuits.” 

Keys Weekly | WHAT THE ‘TAKINGS’ LAWSUIT MIGHT LOOK LIKE   

WHERE: East Brunswick New Jersey

WHAT: A policy proposal by Republican Candidates for Council and sitting council members to stretch to the tax dollars by limiting “giveaways” to developers

HOW: By prohibiting eminent domain to benefit developers

East Brunswick Neighborhood News | East Brunswick Republican Candidates Release Plan to Stretch Tax Dollars

Tarr v. Timberwood Park Owners Ass’n, 2018 Tex. LEXIS 442 (Tex 2018). Texas Supreme Court determined that short term rentals are consistent with covenants that require residential use.

Who: Lewis (D) and Cline (R)

Where: Virginia’s open Congressional District 6 being vacated by a (R).

What eminent domain views?

• The D opposes both eminent domain and raises concerns about pipeline safety
• The R supports Pipelines but wants federal legislation that:
  • limits the use of eminent domain to projects that “would be necessary for the government to provide an essential service.”
  • offers more publiuc input in the pipeline permitting process

WSLS | News 10| What you need to know about Virginia’s 6th District House race

A West Virigina Congressional race features opposition to eminent domain for a pipeline with messaging that

• shows conservatives and liberals agree in their opposition
• the public sees no benefit when their land is taken for a pipeline
• the public sees no benefit when, gasp!, the gas moves overseas

When is eminent domain permissible to the candidates?

• “clear and strong public benefit”
• no revolving door from oila nd gas agency oversight to oil and gas industry work

WVTF | 9th Congressional District Debate

Tennesee

• HB1020 (2018 | TN)
• allows local govenrments to ban or limit short term rentals by ordinance
• grandfathers in existing short term rentals into local ordinances

Arizona

• SB 1350 (2016 | AZ)
• local governments cannot prohibit short term rentals
• touted as “financial breathing room” for families

Washington Post | Political contests erupt as cities and hotel industry struggle to curb Airbnb

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

• strengthens bona fide offer
• additional dislcosures of appraisal reports
• additional detail disclosures for easements
• hold harmless clause for the land owners
• nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
• an attorney fees trigger mechanism for nongovernmental entities
• shifts property taxes to the condeming entity 

Lufkin Daily News | ASHBY: Don’t forget to exercise your right to vote

Business: RVezy

What is RVezy​?

• short term rental/sharing of RVs
• including peer-to-peer insurance in 2017

Watch for regulations & legislation on:

• permitting
• licesning fees
• taxes
• insurance requirements
• use and parking locations

Markets Insider | Another First for the RV Sharing Economy: Canada’s RVezy Launches IOS & Android Ap

Long Beach proposed short term rental ordinance will require:

• Register with the city
• Provide a local 24-hour contact
• Post city requirements in the unit
• Provide a map of fire extinguishers and escape routes
• Get at least $1 million in property liability insurance
•  12 percent transient occupancy tax rate
• City Nuisance regualtions apply
• 3 violations in 12 months, 12 month suspension from operation

What are tier 2 restrictions that are being talked about?

• prohibit large-scale events
• 10 p.m. to 7 a.m. quiet hours on outdoor pools and hot tubs
• 90-night cap on stays in the host’s primary home
• limit guests in a single unit to two people per bedroom, plus two, with a maximum of 10 people
• allow portions of the city to petition for a full prohibition on short term rentals

Long Beach press Telegram | Long Beach unveils short-term rental ordinance options, but Airbnb hosts don’t like any of them

Which Governor’s race? Nevada

How is eminent domain being used as a campaign attack on the Democratic candidate?

• The Democrat candidate for Governor owned property that was involved with an eminent domain case concerning McCarren International Airport
• The Candidate won an award of $6.5 million, + $8 million in interest + $2million in attorney fees
• Clark County lost all appeals and ultimately paid $23 million

KNPR | Candidate For Governor: Steve Sisolak 

The Colorado Gazette did a 180 on its position on the “private property rights” constitutional amendment 74, prop. 101, supported by the Farm Bureau and oil & gas interests.

The proposition question: “Shall there be an amendment to the Colorado constitution requiring the government to award just compensation to owners of private property when a government law or regulation reduces the fair market value of the property?”

Why the 180?

• too broad that it threatens property rights
• costly to local governments
• create frivilous lawsuits

Justification? Oregon. In 2004 Oregon passed a similar proposition. Within a year

• more than 2000 lawsuits filed
• A court ruled it violated equal protection
  • OR Supreme Court reversed that ruling
• $20 billion in claims within 3 years
• voters negagted it
• coalition of conservationists and farm organizations turned against the proposition

Colorado Springs Gazette | EDITORIAL: We were wrong on Colorado Amendment 74

The US Supreme Court has rejected a case brought by a California billionaire to privatize a formally open beach. 

The California Legislature in 2018 budgeted for the use of eminent domain to reclaim public beach acess. After the case had wound its way through California administrative law judges and the California courts which provided fo the use of eminent domain.

Economic Times | US Supreme Court rejects Indian-origin billionaire’s plea for a private beach 
 

What business? Airbnb launches a Medical Care Housing Program on its OPen Homes PLatform

What will the platform’s goals?

• free, temporary housing for patients and their families traveling for treatment or respite stays
• a feature for people to volunteer their homes on Airbnb and evolved from an Airbnb property owner who wanted to share their home for free after Hurricane Sandy

Cure Today | Airbnb Announces Medical Care Housing Program at Biden Cancer Summit 

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

• must do everything to protect property rights, or investors will not trust to invest
• it will end activists and politicians from atacking property rights
• no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent Domain Proposition for Land Owners is Not Good.

Campaign TREND. Ballot Proposition on Eminent Domain.

3 Opposition Talking Points. Land Use. Ballot Proposition Backed by Farmers + Oil & Gas

Testifying before the Texas House Land and Resource Management Committee, the Institute for Poilicy Innovation says private entities should have the power of eminent domain because:

• policymakers should remain neutral in how eminent domain is applied to private industries
• “Government should not be the only entity to exercise eminent domain” because then only government would be building infrastructure
• “private sector build(s) as much of our infrastructure as possible, with private risk capital” and the private sector should have eminent domain authority for that private risk

Institute for Policy Innovation | Giovanetti Defends Eminent Domain for Private Companies, Urges Lawmakers to Maintain Neutrality

Local government: In 2012, Scott Township, in eastern Pennsylvania, required land owners to provide public access to grave sites, if the township determined there may be a gravesite

How precondemnation access came into play: Officials toured the property, identified some loose stones that may mark a gravesite, and required public access.

What happens under this ordinance if property owners do not grant access to grave sites? Fines.

Why does this matter? The US Supreme Court hears the case of Rose Knicks, a land woner in Scott Township, PA, which could overturn the 1985 case from Tennessee- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City

The Hill | Pacific Legal Foundation Op-Ed | It’s time to restore constitutional rights protecting private property

What question is being answered: whether Chapter 75, Title 4 of the Civil Practice and Remedies Code appl[ies] to private property owners on whose property agro-tourism related private aircraft lands.

What is the answer:  Yes, if:

• a property owner conducting agritourism on his or her agricultural property invites or grants permission to individuals to enter the premises of the property for recreation
• and, if all other elements of chapter 75  are met
• that would include injuries or damages due to the landing of private aircraft

What else did we learn?

• There is no definition of “agro tourism” in Chapter 75, Civil Practices and Remedies, 

KP-0218 (2018)

What type of curfew is being place son short term rentals?    “quiet time” between 10 p.m. and 7 a.m

Where is this happening? Contra Costa County, CA

Why? Complaints of short term rentals being disturbances

East Bay Times | Contra Costa County to regulate short-term rental of homes 

What kind of cap does a short term rental ordinance have? A cap on the number on non-owner occuppied properties that can be listed as short term rentals

What city is proposing the cap? Portland

What is the cap number? 300. 300 non-owner occuppied properties could be short term rentals

Policy goals? Protect the number of owner occuppied houses and prevent conversion of those houses/apartments into a continual cycle of short term rentals

Portland Press Herald | Proposal would further restrict short-term rentals in Portland

Where:  Athens-Clarke County

What:  complaints that private paring lot owners are hiring people to  immobilize drivers’ wheels for infractions like going into a business that isn’t associated with the lot

How: County Commissioners look to prohibit booting cars on private property

FlagPole Colorbearer of Athens Georgia | Commissioners Propose Banning Booting Cars on Private Property

Where is this election : Gilroy, California

Election for: City Council

what eminent domain tagline emerged?  When a candidate suggested eminent domain to redevelop a downtown street, the respons was that “eminent domain is a politician solution”

Gilroy Dispatch | Candidates have plans for downtown 

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

• profits often outweigh the rights of landowners with some pipelines & transmission lines
  • agents may pocket any money budgeted that isn’t paid to land owners
  • disincentivizes fair offers to landowners
• Intimidation. The team of lawyers of pipelines and transmission line companies
• adequate offers are essential so landowners are treated like partners not pittances  

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

• “taxpayers as a whole will suffer dramatically”
• “tax dollars may go more toward fighting lengthy lawsuits”
• municipal services would suffer- police, parks, trash service
• it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

Where: New Orleans

Association backing limitation: Residents for Ethical and Sustainable Tourism (REST)

Limitation on short term rentals proposed: 

• only full time residences would qualify
• valid homestead exemptions must exist
• home owners must comply with safety regulation

Curbed | A proposed ordinance would limit short-term rental licenses to one per homeowner

The American Conservative’s “Why the Public Must Revolt Over Eminent Domain” calls for a public revolt because:

• Too much falls into Public Use. The Supreme Court in Kelo allows for a broad use of eminnt domain due to the broad interpretation of “public use”
• Eminent Domain Abuse. State courts, federal circuit courts, and the U.S. Supreme Court have all failed to protect people from eminent domain abuse
• Cronyism. Only the public can stand up to “cronyist land grabs”

What triggered this? Boise State Univeristy proposed a baseall stadium and began exercising eminent domain, including eminent domain to sieze a church parking lot to use as a stadium parking lot. 

• Zoning should be a regulatory taking
• Compensation should be triggered by any regulation that reduces propety value by 25%
  • Works in tandem with restoring a property right in property use
• The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
• Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019

• Shift burden of proof from land owner to condemnor
• Reduce court deference to local governments and state agencies in proceedings
• Restore a constitutional right to USE  property

TPPF Legislator’s Guide to the Issues 2019

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

• to report settlements  concerning construction defects within 90 days
• if settlements were for more than $1 million
• concerned multifamily residences
• The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature 

California Legislature passed SB 721 (2018 | CA) would require:

• decks and balconies of multiunit (3+ dwellings)
• to be inspected
• every 15 years

The bill is in repsonse to a 2015 balcony collapse that killed 6 students.

Daily Californian | Bills to increase balcony safety pass California State Legislature

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

• DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
• FERCs approval process violates landowners’ constitutional rights

WHERE: Niskanen Center filed a brief with the Federal Court in DC siding with landowners

IMPACT: Niskanen has also brought similar due process legal cases in Colorado and Iowa

E&E News | Libertarians join battle over pipelines, property rights 

WHERE: Oklahoma

WHAT: New Oklahoma Rural Association

WHO are members of the ORA?

• energy
• agribusiness
• manufacturing
• financial services
• equipment
• utilities sectors
• including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
• corporations
• &  landowners.

Additional Issues they will engage the Legislature on:

•  education
• health care

The Oklahoman | New Oklahoma Lobbying Group to represent rural communities

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

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

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

The city: Grapevine

The methods to prohibit short term rentsls:

• zoning rules prohibit short term rentals
• ordinances clearly define what a short term rental is
• the city will being an outreach campaign explaining the prohibition on short term rentals

What do supports of prohibiting short term rentals say?

• short term rentals bring noise complaints
• short term rentals bring parking complaints
• short term rentals are just party houses
• short term rentals harm property values

Ft. Worth Star Telegram | This Texas city doesn’t allow short-term rentals. ‘It’s just not appropriate,’ mayor says

• eminent domain is a government wrecking ball
• eminent domain displaces poor families
• eminent domain is used by bullies and oligarchs

CLUB FOR GROWTH ACTION LAUNCHES AD CAMPAIGN IN TEXAS SENATE RACE

Politico | ‘The race has tightened’: Cruz allies sound alarm about Texas Senate race

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

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

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

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

Where:  Iowa

The group organizing the eminent domain protest: The First Nation-Farmer Climate Unity March, organized by the environmental advocacy groups Bold Iowa and Indigenous Iowa,

Pipeline being protested:  Dakota Access Pipeline 

Protestors Say the Pipeline will:

• A pipeline break will contaminate water
• A pipeline break will affect generations nby soil contaminations
• Eminent Domain Abuse should be stopped

Des Moines Register | These Iowans are walking nearly 100 miles to protest the Dakota Access Pipeline.  

Pennsylvania’s House Bill 2609 (2018 | PA)  would:

• require the Pennsylvania Office of Attorney General to create the Land Owner Bill of Rights
• is in response to Mariner East 2 pipeline project
• discuss good faith negotiations, compensation and outline rights of land owners

PennWatch | Quinn Bill Would Empower Citizens Facing Eminent Domain

Colorado Secretary of State this week certified Amendment 74 that will:

• ensure fair compensation
• responds to punitive government action
• protects all private property owners, including homeowners, businesses, farmers and ranchers, urbanites and suburbanites
• will prohibit state or local governments taking their property by reducing its value without compensation

Valley Courier | Property rights initiative certified for November ballot. 

Requestor: Senator Donna Campbell

Question for the Atrorney General to Answer:  

A lawyer representing rural landowners writes:

• Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
• Are we rubber stamping common good projects for public use/benefit?
• Why are we taking land before the process is approved by the courts?
• We need to look at the costs and benefits of eminent domain
• What happens to old pipelines and how does this get factored into the costs and benefits?
• Landowners are in an unfair situation when a deep pocketed private company uses eminent domain
• Landowners are paying for lawyers and that’s not factored into court awards
• What about the costs to re-arranging farming and ranching activities to schedule around pipeline construction?

He also suggests this reading:

With The Largest Oil Find In History in West Texas, Are Eminent Domain Laws Fair?” by Thure Cannon of the Texas Pipeline Association

“Texas Landowners Subsidize Pipelines and Powerlines” by Brian McLaughlin, Texas and Southwestern Cattle Raisers Association director

San Angelo Live Opinion | The Race to Build Pipelines from the Permian to the Gulf Coast is Trampling over Landowners’ Rights

A taking of private land by a private company for a pipeline results in no compensation from royalties, unlike a taking of property for solar or wind energy

CWB Radio | Clark County Board of Supervisors Approves Resolution Asking Wisconsin to Review Eminent Domain Laws

In response to changes in beach access in Walton County Florida, a letter to the editor by G. Brint Ryan offers:

• “allow public beachgoers to trespass on real estate”
• “The county’s claims that they can simply identify a beach and deem it suitable for public use without fair compensation for the actual property owners are two-faced and un-American.”
• “County officials are double dipping on the use of beachfront property at the expense of the people who have invested in their county”

Raises 4 Specific problems by designating privat eland pulic beach accesSL

• ignores fundamental property rights
•  deprives homeowners of privacy
• lowers the value of their homes
• potentially puts their homes in harms’ way

Walton Sun | Respect Private Property Rights

Where: Clark Co. Wisconsin

The resolution is in respopnse to: Enbridge Energy Company’s desire to increase oil capacity traveling through their pipeline system

The rational for changing eminent doamin laws for private companies:

• A taking of private land by a private company because property owners  receive no royalties, unlike for solar or wind energy
• Taking property for pipelines greatly reduces property values and tax base

CWB Radio | Clark County Board of Supervisors Approves Resolution Asking Wisconsin to Review Eminent Domain Laws

Omaha is changing the designation of property to landmark status in an effort to slow or prevent eminent domain proceedings.

How does this designation change the eminent domain process?

• The Omaha Landmarks Heritage Preservation Commission gives the designation
• This designation then kicks the property to require approval from the Planning Commission and City Council before action can taken against the property.

WOWT | Landmark status recommended for historic building at the center of eminent domain dispute

What’s happening in Attorney General Opinion KP-210?

Where:​ Florida

What’s special about FL cities’ short term rental ordinances?  local fines on unlicensed short term rentals are some of the highest in the nation.

How bad has it gotten? Miami Beach paid for a floating billboard accusing short term rental platforms of being cozy with state law makers Miami Herald

What have conservatives done to actively support short term rental platforms?

• Lawsuits. Bring causes of actions against cities
• Legislation to preempt local ordinances
• Model Legislation via the Goldwater Institute and the consortium, State Policy Network
• Op Eds
• Social Media  broadcasts opposing regulations

The Verge | HOW CONSERVATIVE ‘PROPERTY RIGHTS’ GROUPS ARE BATTLING CITIES’ AIRBNB RULES

Michigan’s new hunting rules to combat chronic wasting disease include:

• Reduce Antler Requirement. In the 16-county CWD Management Zone, reduced the 4 pt. on a side requirement to at least 1 3 inch antler
• Private Land license. Created a discounted antlerless license in the CWD Management Zone on private land
  • limited to 10 per hunter
• Ban urine based lures. Statewide ban on the use of all natural cervid urine-based lures and attractants
• Ban baiting & feeding in Management Zone. Immediate ban on baiting and feeding in the 16-county area identified as the CWD Management Zone
  • Lower peninsula gets a ban too on 01/01/2019

Michigan Live | Michigan sets new deer-hunting rules to limit chronic wasting disease 

MI Rules Chronic Wasting Disease 2018

Why should I be paying attention? The US Supreme Court will take up Knick v. Township of Scott, Pennsylvania 

The issue:  Pennsylvania wants to protect its right to handle land use fights in state courts

What states are supporting PA? UT, CA, MA, IN

Washington Examiner | States battling to keep their land use disputes away from federal courts 

The Court: US Court of Appeals for the Eleventh Circuit

The property right claimed by the Taxi industry: Ride Share Regulations amount to a taking of taxi property

The Court: the taxi industry has no right in blocking competition

Reason | Yet Another Federal Court Rejects Claims that Exposing Taxis to Competition from Uber and Lyft is a Taking 

City: Portland

What did auditors find? 

•  “lax” enforcement
• negative impact on affordable housing 
• operators are not complying with liecening requirements
• 1 in 5 are permitted 
• success in collecting lodging taxes
•  loose inspections and minimal safety requirements, especially related to fire safety

Mayoral repsonse: Negotiate deals with the comapnies to obtain a list of unpermitted properties

KOIN6 | Audit: Portland’s ‘lax’ at regulating short term rentals  

Activists are promoting an Internet bIll of Rights, the kind of bill state legislatures love. What would it do to online property rights?

Create ownership rights in:

•  personal photos, images, videos, writings and recordings
• that get uploaded to a cloud, social media or wesbite
• prohibits the of the photos, images, videos, writings or recordings without consent

Connecticut Post | We Need an Internet Bill of Rights

WHERE | Georgia

WHO | Gainesville City Council

WHAT | Gainesville-Hall County Land Bank under the 2012 Georgia Land Bank Act

What will the Land Bank do?  

• rehabilitate vacant or blighted properties by acquire
• manage and sell properties that may be sitting empty due to foreclosure, tax delinquency, code violations or title complications
• will not make a profit from sale of the properties

Will the Land Bank have the power of eminent domain?  NO

Gainesville Times | How Hall and Gainesville will work to rehab vacant properties 

A trespass law in Idaho, H0658 (2018 | ID), created the Idaho Property Rights Coalitionwhich opposes the “stronger” trespass law.

The Idaho Property Rights Coalition members are:

Idaho passed a trespass law H0658 (2018 | ID)  that ended a requirement that large tracks of land in the backcountry post no tresspass signs before a person can be charged with trespassing.

Law enforcement and its coalitionsays the new tresspass law endangers hunter and fishers by:

• allows for criminal charges when a person has no knowledge of the trespass 
• innocent people will be charged with crimes
• the law is so vauge collecting a frisbee on land could be a crime

Which state has this ballot proposition? Colorado Inititative 108 (2018)

What groups are backing the initiative? Colorado Farm Bureau & Oil and Gas Industry

What does the ballot proposition do? Switches compensation calculation to a fair market value standard

The opposition: Cities, Counties

Opposition Says the proposition will:

•  spawn countless lawsuits
• it will tie the hands of local governments and prevent any zoning or ordinances
• we don’t know the unintended consequences

The Gazette | Colorado ballot initiative could blunt local land-use rules, officials warn

New Mexico Governor Susanna Martinez (R) says  eminent domain authority is only for elected officials, not appointees (and no private entities). 

Roswell Daily Record | Gov. Martinez defends air authority veto

New Mexico Governor Susanna Martinez (R) says eminent domain authority for a special district factored into her veto of an independent air authority to oversee development of the Roswell International Air Center.

Roswell Daily Record | Gov. Martinez defends air authority veto

Tourist Town: Carlsbad, CA

Short Term Rental Ordinance Revisions:

• excluding timeshares & RVs
• incorporating an Impact Response Plan, requiring neighbor notification
• parking on site requirement
• Adding a 3 strikes, within 24 months, is a 36 month permit revocation

The Coast News Group | Carlsbad amends short-term vacation rental ordinance

In 2018, South Carolina legislators extended the ban on the use of eminent domain by private pipeline companies.

The ban continues until November 20,2020 while a panel makes recommendations whether whether unregulated utilities should have any of the eminent domain powers that regulated utilities have.

The Maplewood area of St. Louis, has an ordinance that can require a property owner that has had 3 calls to police to appear before a tribunal. 

St. Louis Public radio | Maplewood residents gather for ‘next step’ in nuisance ordinance controversy

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

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

City: MicKinney, TX

Noise Ordinance Revision Background: Noise from 3 concrete plants, located in residential or “quiet zones”,   sparked a cry from residents to revise the city’s noise ordinance

The amendments to the McKinney TX noise ordinance:

• Extending distance requirements from 500 to 1000 feet “Specific noise disturbances prohibited: Power Equipment. Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically regulated above) which is not wholly contained within a building (as defined in Section 146-46) within a residential district or quiet zone, or within 1,000 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 10:00 p.m. and 7:00 a.m.”
• Re-defining power equipment as: any motorized or mechanical electric, hydraulic or fuel powered equipment, including, but not limited to equipment which is free standing or mounted or attached to a vehicle.” 

Community Impact | McKinney City Council considers modifying noise ordinance after residents speak out

The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.

How much did San Diego want to pass on to customers?  $379 million in costs

Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines

What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their equipment starts fires, even if they aren’t negligent.

Institute for Justice lays out these 3 points arguing eminent domain absue by pipelines:

• “FERC presides over a system that strips property owners of their rights without courts”
• FERC dawdles and property owners have access to courts blocked
• Pipelines can unfairly start cutting down trees even before state permits are granted, with an example from NY of 500 trees cut down on a family farm for a project that was never permitted

the Solution: real judicial review, in a court, before proepty is ever taken

Wall Street Journal | Opinion | Pipeline Builders Abuse Eminent Domain

Where: NYC new ordinance on short term rentals

Who does NYC’s data collection requirement apply to? Short Term Rental Platforms

What information will short term rental platforms, like Airbnb, have to collect?

• Name, physical address, email, Airbnb profile URL, and phone number of hosts active that month
• Addresses and URLs of any properties a given host rents out, and whether it was a full-home or partial-home rental
• Total days the property was rented, rent/price paid, and any fees collected by Airbnb

Is there a fine for not collecting this information? Yes,  $1,500 or more

Tech Crunch | New law forces Airbnb to open its books to New York authorities

City: San Diego

Ordinance limits short term rentals to:

• owner’s primary residence
• +1 additional dwelling unit on the same parcel

3 Supporting Arguments from City Council Supporters:

• Not elected to support investors
• Elected to support constituents
• Its a compromise, that isn’t perfect, but it “protects neighborhood quality of life through increased oversight and enforcement”

Times of San Diego | City Council Limits Short-Term Rentals to Owner’s Primary Residence

The distance requirement at issue: Prohibiting sex offenders from living within 1000 feet from a school

What did the Georgia Supreme Court say? If a child care center opens near a registered sex offenders residence, yes it is a taking. 

Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007) 

Arkansas Supreme Court joined other states finding that short term rentals are not commercial uses of property.

Vera Lee Revocable Trust v. O’Bryant, 537 S.W.3d 254 (Ark. 2018). Accord, Slaby v. Mountain River Estates Residential Ass’n, Inc.,100 So. 3d 569 (Ala. Ct. Civ. App. 2012).

Kentucky Appellate Courts find that short term rentals can violate covenants, but FL and WA courts disagree.

Harvard Law School | Short term rentals (such as Airbnb) held not to violate a covenant prohibiting “commercial use” contrary to rulings of some other courts

Where: Oakland California

How would the property transfer fee work, if approved on the November 2018 ballot?  

The Mayor: Memphis, TN Mayor Jim Strickland

The areas for de-annexation: Southwind/Windyke and Rocky Point areas of far eastern Memphis

2 Policy reasons for de-annexation:

• right-sizing Memphis
• more efficient City that can deliver better services

3 criteria in areas for de-annexation:

•  low density
• challenging to deliver municipal services
• specifically asked for de-annexation

Local Memphis | Memphis Mayor Proposes two  more areas for de-annexation

Campaign: Republican primary in Arizona Legislative District 6 (Flagstaff AZ)

The 2 reasons to supercede local laws:

• private property rights
• freedom of speech

Arizona Daily Sun | Republicans set up for primary in LD6

Pennsylvania Governor signed  HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

• Land subject to a conservation easement cannot be condemned unless:
• An court says that eminent domain can be used
• A court can only say that eminent domain can be used if:
  • necessary for the health and safety of a community
  • no other reasonable and prudent alternative

Patch | Stoneleigh Response Eminent Domain Bill Signed To Law

Where: Chicago

What do short term rental taxes/fees currently look like: 

• Chicago has a 4% surcharge on short term rental platforms
• The surcharge & fee are on top of the 17.4% hotel/motel tax
• Chicago has a $10,000 license fee for platforms
• Chicago also imposes a $60 per-unit fee

How much is the new proposed fee? An additional 2% fee earmarked for shelter beds for victims of domestic abuse

Illinois Policy | The mayor’s proposed 2 percent fee would punish short-term rental customers and providers

Massachusettes Legislature is considering a short term rental regualtory structure that would create a data base for short term rentals.

The data base would:

• maintained by the state agency with oversight
• including information regarding Host
• available for public review
•  individual names will be redacted from the records available for public view

H3454 (2018 |MA) 

Short Term Rentals, and the tax on short term rentals, became a bargaining chip in New Jersey Legislators.

Estimated annual revenue from the short term rental revenue in New Jersey: $250 million 

How New Jersey Would tax Short Term rentals:

•  expand sales tax
• apply the state’s  6.625% sales tax to r entals of fewer than 90 days would be taxed

NJ.com | Tax on shore rentals? I don’t like it, Phil Murphy says of Dem leaders’ key budget offer.

Republicans in North Carolina, where Republicans control a super majority in each chamber of the Legislature passed on an eminent domain proposition in favor of a right to hunt and fish ballot proposition.

The Hill | North Carolina GOP seeks to remake state Constitution; Dems see power grab

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

• a court grants permission because there is no other reasonable and prudent alternative
• its a utility exercizing eminent domain if:
  • the utility is underground
  • does not permantly impact th eopen spaces benefited by the conservation easement

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

• Land subject to a conservation easement cannot be condemned unless:
• An court says that eminent domain can be used
• A court can only say that eminent domain can be used if:
  • necessary for the health and safety of a community
  • no other reasonable and prudent alternative

State: Montana

What phrases does the Montana Constitution use for compensation for a taking by the power of eminent domain?

•  “full extent of the loss having been first made to or paid into court for the owner.”
• “just compensation shall include necessary expenses of litigation to be awarded by the court when the private property owner prevails.”

Key phrase Shorthand? Attorney fees, court costs, and full extent of the loss

Montana Constitution Article II, Section 29  

Court of Appeals in Colorado established a test for whether a city may condemn open space land outside city boundaries.

The test to condemn: 

• good faith?
• is the condemantion done out of necessity?  -OR-
• was the condemnation for a legitimate public purpose?

law week colorado | Court of Appeals Gives Guidance on Eminent Domain

Court: Wisconsin Supreme Court

Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?

The Court: No compensation for a bridge that blocks a billboard

The billboard company argument:   the business has been deprived of “all economically beneficial use”

Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected property interest,”

Wisconsin State Journal | State Supreme Court sides with Madison in dispute over Beltline billboard

The U.S. Supreme Court agreed to allow the case of an eminent domain protestor, who was arrested at a city council meeting, to proceed.

What is the eminent domain protestor claiming? That he has a 1st amendment right to protest 

The city calling for no eminent domain for a pipeline: Enid Oklahoma

What the City Manager says about eminent domain for the water pipeline?  “We don’t even mention that word.”

Will eminent domain be mentioned to any landowner? NO

Enid News and Eagle | City officials: Eminent domain will not be used in pipeline project 

Court: Judge Caroline E. Baker, state district court judge in Harris County

What happened to get us into a court room?   a Houston photographer’s claimed that UofH used his photogrpah of Houston in its materials without permission

What did Uof H argue to stay out of court? soveriegn immunity, represented by the Texas Attorney General’s Office

the court say?  that the university cannot claim soveriegn immunity for the taking

San Antonio Express News | UH can be sued for using photo, judge rules 

City: Coppell

The short term renal ordinance passed by Coppelll City: 

• must be owner’s primary residence
• must be registered with the city
• requires an emergency contact number be provided
• property be inspected
• notification to neighbors within 100 feet with a 24-hour hotline number for complaints

Coppell Gazette | Coppell City Council passes short-term rental ordinance 

City: Carlsbad, NM

The 2018 billboard ordinance requires:

• Any company or person installing, repairing, altering, relocating or dismantling a sign must obtain a New Mexico contractor’s license
• billboards must be 1,500 feet from other off-premise or freestanding signs
• billboards must be 200 feet from the nearest residential district, public park, playground or cemetery
• building permit required

Carlsbad Current Argus | City council approves new sign ordinance