Background: IN 2011 Florida passed a law provided for local regulation, but not for the duration or frequency of short term rentals. 

Local Cities Say No thank you:  After 2011, Miami and Miami Beach passed their own restrictions, with penalties of $20,000

Welcome to 2018. SB 1400 vs.  HB 773  at the Florida Legislature:

• SB 1400 will:
  • explicit state preemption for permitting & inspecting vacation rentals
  • requires property owners to obtain licenses
  • sets fines and penalties at $1,000
• HB 773 will: 
  • continue local regulation
  • provides for no state preemption
  • requires equal application of short term rental ordinances to all residential properties

Orlando Sentinel | Vacation rental supporters rally at Capitol

Nebraska’s LB 1017  (2018) would require:

• pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
• include in the calculation of just compensation the economic benefit to the private company
• Construction limitations including:
  • $100 Million performance bonds
  • A filed decommissioning plan for piepline removal at the end of the pipeline’s use

Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline construction in Nebraska

Virginia Legislature is considering SB 809  that reframes lost profit for eminent domain property valuations by:

• applying lost profits to businesses & farms
• applies to a partial taking of land
• the valuation calculation begins once the property owner is prevented from using all of his land or any property rights are taken.

 In true Libertarian fashion, New Hampshire Legislature is considering House Bill 1226 (2018) that exempts from drought restrictions private wells.

What supporters say:

• HB 1226 is about basic Property Rights
• Riparian rights are a long standing legal right and tradition
• If opponents want to stop private wells from use during drought, then private wells should be reimbursed for the property rights loss

What opponents say:

• private wells still draw down water reserves and there is a greater utilitarian purpose to consider 

Concord Monitor | Homes with private wells would be exempt from drought restrictions

Where: New Orleans, LA

The spot zoning: an ordinance that allows a certain property to pursue unrestricted short-term rentals

What’s the benefit of the spot zoning for short term rentals: Residential property in New Orleans has a 90 day maximum for short term rentals, the spot zoning removes this restriction

The football player:  owns the property subject to the spot zoning

How does eminent domain factor into New Orleans City Council? A city council member likened the zoning issue to taking value from the property owner

The Times Picayune | Spot zoning turns into a sore spot for New Orleans City Council

Where: New London, CT home to the Kelo v. City of New London of U.S. Supreme Court fame

The ordinance: Section 302.4 of the New London Property Maintenance Code

What garden items are prohibited by Section 302.4?

• “all grasses, annual plants and vegetation,” that are more than 10 inches high.
• except for trees, shrubs, and “cultivated flowers and gardens” 

The offending yard:  Has a “maintained” and “contained” bamboo garden for more than 30 years, longer than the ordinance has been in existence

The penalty: $13,500 in fees and civil penalties with talk of blight statutes being triggered

Reason | New London, Connecticut, Prosecutes Local Artist for Bamboo It Deems a Blight

Residents Against Invasion of Land by Eminent Domain formed to combat a $2.8 Billion freight rail plan. Here’s what you need to know:

• The Surface Transportation Board rejected the rail plan, according to RAILED due to the projects lack of funding
• What surprised RAILED the most: that a swath of residents didn’t care about the freight rail, didn’t think the rail would affect them, and had no idea of long term impact on safety

Chicago Tribune | Funding, opposition derail $2B freight rail plan

In 2017, Maryland enacted new eminent domain authority for the building of power lines. 

Recent opposition to a high voltage power line has legislators looking to reign in eminent domain authority for high voltage power lines when porjects are sanctioned by the Maryland Public Service Commission.

The Baltimore Sun | Harford legislators get down to business as 2018 General Assembly session begins

Where:  Colorado

What form is this compensation for private property owners taking? An initiative proposal

Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.

The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights

State: Massachusetts

The legislation: The Comprehensive Adaptation Management Plan which coordinates the planning of projects state authorities led by the governor’s secretaries of Energy and Environmental Affairs, and Public Safety and Security.

The acquisition of property: Only from willing sellers

Cape Cod Times | Author of legislation clarifies its intent

Massachusetts S 472 (2018)

Utah is considering HB62 which looks to re-define property valuation for eminent domain by requiring the value include:

• any impact from the public project for which the property was taken
• anything a prudent purchaser would consider in determining the market value of the property after the taking
• access to the property that exists after the taking
• and the value shall not include in the property value will be the property tax assessment 

Libertas Utah | HB 62: Helping Ensure Just Compensation for Eminent Domain Takings

Add Monadnock, NH to the lsit of towns opposing eminent domain for pipelines in its area.

How did Monadnock get started on the no eminent domain resolution bandwagon? 2 years ago the town officially voted to oppose a natural gas pipeline

What action is it taking in 2018?  a petition warrant article that opposes pipelines and specifically opposes the use of eminent domain for pipelines

Monadnock, NH Ledger Transcript | Town may ban pipeline forever 

Where:  Arlington, VA

What is the local ordinance? County government sought to require two signatures for a landowner to have a car on their property towed.

Which groups aligned against the local ordiannce to help landowners? The Arlington Chamber of Commerce sought to secure private property rights by ensuring effective parking management

What did the state law do? Retained the property owners ability to remive improperly parked cars on their private property & restricted local regulation of towing

Inside NOVA | Arlington Chamber aims to retain gains it made on towing

Cecil Bell believes eminent domain reform is a “constituent-driven dialogue”

His concern about eminent domain: ” got to do a better job as a state in trying to figure out how to balance between the intended very limited use of eminent domain and processes like that and where we find it being used today”

Let’s diagram State Representative Bell’s eminent domain concern:

• The big bad: how eminent domain is being used today is not balanced & the eminent domain scales are tipped against constituents
• The good use of eminent domain: very limited
• Where the legislative fixes appear: what entities can use eminent domain + the process of how eminent domain takings happen

Houston Chronicle | Villager Q & A: Local state lawmaker Cecil Bell Jr. 

In Iowa if a landowner challenges the value of a property taken by eminent domain, the land owner can have his or her attorney fees covered if he or she shows in court that their property was undervalued by at least  $1.

Bristol Herald Courier | Sioux City, property owner battle over price for trail land

To determine just compensation for property taken by eminent domain in South Carolina, an appraiser determines the highest and best use of the land by:

Considering a “property’s highest and best use must be physically possible, legally permissible, financially feasible, and maximally profitable.”

Highest and best use applies even if the landowner has no intention of using his or her property in that manner.

Lexology | How “Highest and Best Use” Can Substantially Impact Just Compensation for Landowners

Ohio lawyers are proposing an enforcement mechanism for bad eminent domain actors.

Why does OH need enforcement for coercive eminent domain? The law has no enforcement mechanism for the prohibition against coercive acts.

What’s the propsed enforcement for bad actors? 

• Clear cause of action that clearly provide landowners with a private cause of action against condemnors who use coercive tactics or conduct in land acquisitions
• Monetary penalties
• Attorney Fees Bad actors should be liable for the landowner’s attorney’s fees and expenses

Lexology | Ohio’s Eminent Domain Law is in Need of Reform to Protect Ohio’s Farmers 

The elected official: U.S. Sen. Jeff Merkley (D-WA)

The project: Pacific Connector Gas Pipeline

What are the facts aroudn the pipeline?

• a private foreign company may use eminent domain
• to take American citizens’ private properties
• to export Canadian gas to Asia

Oregon Live | Op-Ed by Landowners | Blocking eminent domain for private gain: Guest opinion

The City: Adrian Michigan

The proposal: “permit[s] commercial medical marijuana facilities, including growers, processors, provisioning centers, safety compliance facilities and secure transporters”

The 4 reasons commisioners supported marijuana facilities: 

• Jobs that pay $15-20/hour
• Funds for blight elimination
• Economic development
• Compassion for medical marijuana patients

LenConnect | Adrian OKs medical marijuana facilities

Ecotourism: Wilderness operators in Canada are arguing for their private property rights for ecotourism.

Economic Impact: As the rights of ecotourism are challenged, investors are pulling their funds out of the Candaian wilderness.

Prince George Citizen | Wilderness operators demand property rights

What’s the land use proposal causing the gaffaw? Napa County may have a June 5 ballot initiative that would ban personal-use heliports on rural Napa County properties.

What are the private property rights arguments? Limiting the use of property infringes on private property rights

What is the current status of personal heliports in Greater Napa? allows personal-use airports and heliports with a county use permit

Napa Valley Register | Napa County private heliport measure supporters turn in signatures 

The Professional Sports Team: Crew SC, an MLS team in Columbus OH

What is the basis for the eminent domain threat by OH’s Attorney General?  “Art Modell Law” which Ohio passed after the Cleveland Browns moved to Baltimore

What does the Art Modell Law require? A professional sports team that receives taxpayer funds cannot move without approval of the city or without offering the team for sale

Fox 28 | Ohio Attorney General sends letter to Crew SC owner threatening to sue 

Rhode Island wants to build a new PawSox stadium.

To get to a new stadium, legislators filed S-0990 & S-0989, that included funding requirements, new eminent domain provisions, and reworking the definition of blight.

Public input on the eminent domain provisions & transparency concerns raised by the State Republican Chair, led to the removal of new eminent domain and blight provisions. 

RINPR | Revised PawSox Bill Steers More Revenue To Pawtucket; Outlook In RI House Uncertain

Fox Business | Senate committee revises bill for proposed PawSox stadium

Wilmington, DE Mayor Mike Purzcki proposed to eliminate blight by:

• imposing liens 
• forcing sheriff sales of blighted property

The opposition killed it by:

• raising concerns that a person’s home will be taken
• raising concerns that property would be taken for a minor violation

What solution did opponents want? Protections in ordinance that limit the ability to take owner occuppied homes and to prohibit takings for minor violations.

Wilmington News Journal | Wilmington mayor’s anti-blight effort hits roadblock

The city: Nashville

The local enforcement mechanisms against home based businesses in Nashville: Nashville has a “home occupation law” that bans ” home-based businesses means local musicians, hairstylists and other aspiring entrepreneurs face steep fines and potential imprisonment if any customers physically come to their homes to do business.”

The Institute for Justice lawsuit hook:  Nashville is preventing in home music recording studios. Music City is opposed to music. 

The property rights arguments agains thte home occupation law:

• home-business law is dishonest
•  residential zoning laws cannot be used to regulate a home-based business that can’t be seen or heard from the street

Institute for Justice | Nashville Home-Based Business

The city:  Charlestown Indiana

The code enforcement fines: Code enforcement violations began in the summer of 2016, after city council adopted fines that cannot be waived

The alleged goal of city leaders: revitalization

The court’s response to the code fines: 

• the fines run counter to the city code that allows for fixing violations and the waiver of fines
• city violated equal protection laws by choosing not to impose fines on the LLC

Indiana Lawyer | Special judge halts ‘irrational’ Charlestown code enforcement

Charlestown Pleasant Ridge Neighborhood Association Corporation, et al. v. City of Charlestown, Indiana, Charlestown Board of Public Works and Safety, 10C02-1701-CT-010,

The public use:To build a rail spur

The land: 37 acres of Indiana farm land

The condemining entity and its compensation offer: St. Joseph’s County offered $344,000

The value awarded by the panel of 3 court appointed appraisers: $1.4 million.

Houston Chronicle | Land sought by Indiana county valued at 4 times county offer

The pipeline location:  Virginia

The pipeline campaign background on messaging tactics on eminent domain:

• eminent domain is “the fight to come”
• politicians have  “no electoral reward for political courage.”
• must work harder after the election of President Trump as the opposition is more aggressive

What was the pipeline response when the campaign materials were inadvertently placed on its website:

•  it is how it must conduct business at a time when everything is politicized
• The “historically non-political processes [are] now political,”

What tactics should pipelines employ to combat eminent domain opponents:

• use social media. Engineers and lawyers are good, but hire a “hipster” to help your social media
• use industry grassroots. To grow supporter numbers reach for industry grass roots supporters
• be vigilent. “The opponents are not kind of pulling up their stakes.”

The Virginian Pilot | Virginia’s most powerful company runs “campaign to elect a pipeline”

The 10th Circuit said NO, a utility cannot condemn tribal lands.

The utilities say- the 10th Circuit ruling “threatens the national power grid by effectively blocking Congress’ authorization of condemnation of allotted tribal lands”

Eminent Domain and Real Estate Evaluation | Fox Rothschild | SCOTUS Asked To Hear Tribal Land Condemnation Case

Wisconsin Counties are passing resolutions to support legislation that would prohibit eminent domain for private gain.

Daily Jefferson County Union | Eminent domain reform reviewed

Wisconsin Governor Scott Walker signed Assembly Bill 480 that does the following:

• bars assessors from increasing the assessment of a property solely because the owner refused to let them inside
• gives owners who did not let assessors into their properties the ability to challenge their assessments

Wisconsin Assembly Bill 480  (2017)

Milwaukee Journal Sentinel | Wisconsin Gov. Scott Walker signs bill to expand property rights

Illinois House Bill 4150  accomplishes two goals:

• limits the use of eminent domain to only public uses
• explicitly removes railroads from public use

If a private entity is involved in the project the following 6 steps must occur:

•  the condemning authority must prove by a preponderance of 
  the evidence that:
  • (i) the acquisition of the property is necessary for a public purpose;
  • (ii) the acquired property will be owned by the condemning authority or another governmental entity; and
  • (iii) the acquired property will be controlled by a private party that operates a business or facility related to the condemning authority’s operation of a:
    • university
    •  medical district or hospital
    • exposition or convention center
    • mass transportation facility, or airport, including
    • but not limited to:
      •  a medical clinic
      •  research and development center
      • food or commercial concession facility
      • social service facility, maintenance or storage facility, cargo facility,
        rental car facility, bus facility, taxi facility, flight kitchen, fixed based operation, parking facility, refueling facility, water supply facility, and railroad tracks and
        stations.​

        The Vedette | Rep. Parkhurst Files Legislation to Strengthen Private Property Rights

Why are cities suing?  The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies

Does a right of way, like a network node right of way,  have to be compensated? Yes. 

What do supporters of the law say?  “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”

What do non-city opponents of the law say? The cap cuts out private property owners that might otherwise should be compensated.

What 2019 legislative issue does this invoke? Removal of the cap

Huntsville Item | Cities sue over cellular right-of-way fee caps 

PA Act 152 (2016) allows local governmental entities to implement a fee on the recording of deeds and mortgages in certain counties. 

The fee will be dedicated to the local governmental entity’s county demolition funds.

The fee cap: $15

Requirements on local governmental entities that create a demolition fund:

• Annual report to the Department of Community and Economic Development detailing:
  • ​how the revenue will be spent
  • how many properties will likely be demolished
  • any other information that would be relevant to the demolition program

York Dispatch | County considering $15 deed recording fee to fund demolition of blighted properties

Background: In New Hampshire the Legislature specifically denied eminent domain authority to the Northern Pass transmission line.

The Northern Pass Line was built by: obtaining lease with a sister company operating an existing transmission corridor that slices north-to-south throughNew Hampshire

InDepth New Hampshire | A Northern Pass Ratepayer Victory

First comes statewide tree ordinances and then come broad private property rights requirements in local governmental entity development plans.

Florida’s HB 207 (2017) would require:

• require the protection of private property rights in local government comprehensive development plans
• require a 4 point analysis for local government action:
  •  “Consideration of the impact to private property rights of all proposed development orders, plan amendments, ordinances, and other proposed government decisions.
  • Encouragement of economic development.
  • Use of alternative and innovative solutions to provide equal or better protection than the comprehensive plan.
  • Consideration of the degree of harm created by noncompliance with provisions of the comprehensive plan.” 
• require approval of the local plans by the state land planning agency

 The Ledger | New state regulations would affect local development 

In 1984 the Maryland Senate passed a bill allowing the state of Maryland to use eminent domain to acquire the Colts.

Why did Maryland want to buy the Colts? To prevent the franchise from leaving.

Did it work? No, before the Maryland House could pass the bill, the owner struck and deal and moved the team to Indianapolis. 

Columbus Dispatch | Michael Arace | Powerful are complicit in Crew move; it’s how the game is played

Which Texas official is for sprinklers in every residential property? Texas State Fire Marshal

What are the policy agruments of builders?

• Home owners should be able to choose
• Texas property values are strong because property remains affordable

What event can supporters point to?

• A fire that took the life of a former Colleyville, TX mayor and his grandson with a brain injury
• The mayor’s son believes his son and father would be alive if there had been sprinklers installed.

CBS DFW | I-Team: Homebuilders Push Texas Lawmakers To Block Fire Sprinkler Requirements

A Republican State Senator in Florida has filed S 574 (2018) to curb local fees on tree removal.

The arguments to support the legislation:

• Republican State Senator who filed the bill says “People’s private property rights should be supreme.”
• A developer:  Tried building affordable housing and ran up against a local tree ordinance. 

News 10 Tamapa Bay Sarasota | Proposed bill gives state control over tree laws

The Wisconsin Legislature rejected the U.S. Supreme Court ruling in Murr v. Wisconsin that permitted regulation on adjacent properties that limited the ability to sell the property.

In response to the June ruling, the Wisconsin Legislature in November passed Assembly Bill 479.

The goal of the bill: to make sure the regulatory schemes that exist when land woners buy property continue to exist. 

The bill is meant to “make sure that when people buy property, and they have expectations related to that property, that those expectations do not change over time,” says state Rep. Adam Jarchow (R–Balsam Lake), who sponsored the legislation. “And their rights are not taken away because of changing rules or regulations over time.”

 Reason | Wisconsin Lawmakers Pass Bill to Protect Property Rights, Reverse Supreme Court Decision

The state that prohibits eminent domain with grant funds: Indiana

The grant funds that prohibit eminent domain: State Community Development Block Grant Main Street Revitalization Program, which requires local matching of $150,000 for a total $600,000 grant

The local government project that will use the grant funds:  widen, replace and extend sidewalks in Georgetown, Indiana in connection with the River Hills Economic Development District and Regional Planning Commission.

News and Tribune | Georgetown looks to fix ‘crumbling’ sidewalks, retaining walls downtown

Texas Attorney General Ken Paxton lays out 2 ways McKinney’s proposed annexation plan isn’t lawful:

• the annexation notice violates the Texas Local Government Code and the Open Meetings Act
• the notice for the Aug. 28 mcKinney City Council meeting violates the Texas Local Government Code and the Open Meetings Act

How the notices violate the Open Meetings Act and Local Government Code:

• do not provide a description of the property the city plans to annex
• the council’s agenda item was unclear that the city intended to give city staff permission to annex specific properties, rather than providing guidance on annexation policies

Dallas Morning News | McKinney’s annexation plan may violate state law, attorney general says

The local government: Somerset County, NJ

The fee: $15 fee to file official documents with the County Recorder of Deeds. Documents include mortgages and deeds

The fees will be dedicated to which fund? The Demolition Fund to help the county remediate blight

WJAC | New fee in Somerset County will help fight blight

Property developers in Los Angeles California are charged a fee that subsidizes affordable housing.

How did this end up in court? Developers argued that the fees are tantamount to a taking of private property “for public use without just compensation.”

What happened in court? The U.S. Supreme Court on Monday, October 30, 2017, refused an appeal that upheld the affordable housing fee.

California State Courts found that the developer fees are:  a reasonable regulation of development.

Los Angeles Times | Supreme Court turns down property-rights challenge to developer fees in West Hollywood

The elected position: Ellis County, Texas County Judge

The candidate:  Current Ellis County Judge Carol Bush

The comment on property rights and high speed rail:  In listing achievements she notes under her leadership the county has “advocated for property owners against high-speed rail”

Waxahachie Daily Light | Ellis County Judge Carol Bush announces re-election campaign

What’s happening? Marietta Georgia argued before the Georgia Supreme Court that the 2006 Landowner Bill of Rights was optional.

What was the landowner’s argument? That the city had to follow the landowner bill of rights and provide a detailed appraisal prior to condemnation proceedings.

What did the Georgia Supreme Court say? 

• Yes, the landowner has to be given a detailed appraisal before condemnation
• If the landowner bill of rights were optional, the entire act would be impaired
  • Translation: an outcome allowing for an optional land owner bnill of rights woud fly in the face of the act 

Atlanta Journal Constitution | Georgia Supreme Court: Marietta violated Landowner’s Bill of Rights

CBS 46 | Local grocer wins battle against city of Marietta, continues to serve low-income community

Texas State Representative Ernest Bailes op-ed in the Houston Chronicle makes these points about a need to review eminent domain laws:

• Growth and development lead to eminnt domain challenges for land owners
• Need to ensure fairness in eminent domain statutes
• Fair compensation for land owners is very improtant to his district

Houston Chronicle Op-Ed | Bailes: Eminent domain statutes need review to ensure fairness

Kentucky is wiring the state for internet with the aptly names- KentuckyWired project.

To wire bluegrass country, the state  Kentucky Communications Network Authority (KCNA)is overseeing the public private investment.

What eminent domain rumors are swirling in the bluegrass? That homes are being taken away.

How did Kentuckywired respond:

• Simply not true.
• Most of the projec ti son public land
• 99% of landowners have agreed to easements that correspond with existing above ground cable, electric and phone lines.
• If eminent domain is used, no home will be taken. 

Lexington Herald Leader | Setting record straight on essential public-private investment 

Minneapolis, MN recently adopted short term rental ordinances which will:

• Require hosts & services to be licensed by the city
  • No license fee will be imposed if the owner is present during the rental period
  • Host license fee will be $5,000 for the big actors & $630 for less than 150 rental options
  • Home owner license fee will range from $46 to $350 depending on the property’s tier

What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities

Fox 9 | Minneapolis approves two Airbnb regulation ordinances

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

• The bills are pro-private property rights
• The bills aren’t preemption, the bills are a starting point for local ordinances and rules
• Allowing for  short term rentals increases property values. Disallowing short term rentals devales property by 15%

Holland Michigan Sentinel | My Take: Support for short-term rental property rights

No, a MUD cannot use its funds to replace vandalized mailboxes in its jurisdiction. 

The Attorney General Opinion KP-0169 lays out which code sections that could be amended to include a MUD’s use of funds to repair or replace mailboxes:

• TEX. WATER CODE§ 54.012. 

  TEX. WATER CODE§ 54.201(b), §54.236 and §54.242 add to the laundry list of specific revenues uses for MUDs

In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:

• homeowners should be spared years of emotional and costly litigation, and Congress should secure just compensation for home owners
• the Army Corps of engineers actions constitute a taking that requires just compensation

Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’

City: Portland Oregon

Current city ordinance that prohibits tiny houses on private property: A prohibition from people sleeping in vehicles.

What is Portland doing with the current prohibition while a specific ordinance is being crafted: Portland has suspended enforcement

What other policy issue is being tackled with tiny house policy? reduce homeless

What elements will the proposed tiny house ordinance contain? 

• the proposed policy will allow people up to park three tiny houses or RVs in parking lots of businesses, religious institutions and government buildings
• it will also allow one vehicle in the parking spot of private residences

Is there a model tiny house ordinance? Yes, Eugene, Oregon

Williamette Week | Portland Will Allow Overnight RV Camping and Tiny Homes on Private Property

A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:

“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”

Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race

The City: Sandy Springs, GA

How does this work in Georgia, where there is a separate eminent domain for the billboard? Georgia’s laws allow for billboard relocatation somewhere within 250 feet in lieu of an eminent domain reimbursement, if the city has a billboard relocation ordinance. 

What has the city offered?  A city ordinance that allows for billboard relocation if:

• eminent domain is used or there is a threat of eminent domain
• relocation within 250 feet, with up to 3 alternative sites reviewed by the city’s Community Development director
• “proposes a trade-off scheme to allow the targeted billboard and up to three others within the city to be “upgraded” into LED versions.”

Sandy Springs Reporter News | Billboard deal a bad sign, Sandy Springs residents and council say

Short Term Rental ordinance in Carmel Indiana are packaged as controlling “Animal House” rentals.

What would the ordinance do? Allow for zoning and regulations but not ban short term rentals.

Airbnb welcomes regulation: “”We’re very supportive of regulation. Of course, we don’t want to see our business banned,” says the Airbnb public policy director.

Herald Bulletin | Panel ponders ‘Animal House’ rentals  

Indiana legislature is working through how to craft a statewide framework for short term rentals.

The 4 issues that are tanatmount to leadership:

• input from property owners and from neeighboring property owners
• economic benefit to property owners and the economic benefits to local commerce
• preserve some local control
• allow exceptions for nuisance issues 

WFYI Indianapolis | On Airbnb Issue, Lawmakers Weigh Tricky Property Rights Balance

This bill from 2017 will be reintroduced in 2018: Indiana HB1133 (2017)

Entity that exercized its power of eminent domain? The City of Youngtown, Ohio

The statutory authority to take a residential property: The City of Youngstown has the authority to use eminent domain by a spot blight taking that allows an individual property to be taken via eminent domain. 

Was the property occuppied? No, it was abandoned by the 2nd previous owner, and purchased by Harbour Portfolio Advisors at a foreclosure sale

Which entity rehabilitated the property for resale? The Youngstown Neighborhood Development Corp

The Ohio Vindicator | YNDC opens doors for rehabilitated historic home

The City: Littleton, CO & Wheat Ridge, CO

The voter approval requirement: To access urban renewal tools like tax increment financing or eminent domain require urban renewal

What did a district court in Colorado do with Wheat Ridge’s Ordinance?  The Wheat Ridge ordinance, related to mandating that any tax-increment financing package over $2.5 million first get the consent of voters, is pre-empted by Colorado’s supremacy on the issue.

What’s the city’s argument: voter approval will cost time and money, and runs counter to what is established in state law regarding urban renewal.

What is the property rights/libertarian/tea party argument for the ordinance? 

• urban renewal has “outlived its usefulness” and it is not an economic tool
• taxpayers should have a say over how their tax dollars are used

Denver Post | Wheat Ridge will not challenge judge’s crackdown on urban renewal limits

The City: Oklahoma City, OK

The Entertainment Distict: Bricktown

The city’s goal with the property acquisition: make it easier for people to get into Bricktown

The land the city needs to get to this goal of easy access: A U-Haul Parking Lot

Is UHaul agreeable:  Yes to the project. No to the city offered compensation.

What was the business response: An open letter to the City that makes these points:

•  The city is asking us to rebuild and eat $4 Million in the cost of new permits and construction
• Uhaul is ” totally agreeable” to work with the city and resolve this situation for everyone
• The summary of the business argument given to the public: “”Essentially asking a business to spend its own money – let alone almost $4 million – to accommodate a city-requested project that would hurt business and inconvenience U-Haul customers is mindboggling. And wrong,”
• Uhaul started a change.org petition on the eminent domain filing by the city

KOKH | U-Haul of Bricktown fighting against OKC’s eminent domain case

News 9 KWTV | U-Haul Says City’s Offer For Parking Lot Is Short By Millions

KFOR | City leaders file for eminent domain for U-Haul property in downtown Oklahoma City

California Governor Jerry Brown vetoed a bill that would have funded acquisition of a beach access point. 

The reason for the veto? While the bill provided a means for beach access the bill precluded eminent domain.

Why does Governor Brown say the state needs Eminent Domain for this beach access issue?

• Having the option of eminent domain was the intent of the author
• The state should maintain the option of eminent domain to “public access to beaches and parks is a “core value to this state and must be protected.”

What does this mean for public beach access? Back to Courts and Administrative Tribunals.

San Jose Mercury News | Gov. Brown vetoes bill to fund purchase of Martins Beach path

California SB 42 (2017) 

No eminent domain for building the border wall according to H.R. 3943 by Congressmen O’Rourke (TX) and Gallego (AZ).

Arizona Public Media | Bill Seeks to Block Eminent Domain in Border-Wall Building

3 Candidates for mayor in Asheville North Carolina all support a ban on whole house/whole apartment short term rental bans. 

Asheville Citizen Times | Asheville election: Candidates on banning short-term rentals

How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines

Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina

(it also happened in Keystone XL)

Duke University  | The Chronicle | They’ll be singing Kumbaya

State: North Dakota

What happened with this land to trigger this bill? The landowners say that the state took their oil and gas mineral rights from property acquired by the federal government for the construction of the Garrison Dam. The State Supreme Court agreed.

What was the Legislative fix? To except mineral rights from land transactions by the state as it relates to the dam project

The Bill: North Dakota SB 2134 (2017)

Bismark Tribune via Dickinson Press | Family ‘elated’ over ND Supreme Court ruling in mineral dispute

State Rep. Ernest Bailes says the Texas House needs to revisit these eminent domain issues:

• Bailes’ interim charge request for Land and Resource Management COmmittee: “examine the process by which private property is purchased or taken by entities with the power of eminent domain.”

Houston Chronicle | State Representative Ernest Bailes | House needs to reexamine eminent domain power

The Huntsville Item | State representative staying busy with county fair, interim charges

“State Rep. Larry Phillips, state Sen. Craig Estes and Texas Association of Business CEO Jeff Moseley spoke on issues ranging from property tax reform to imminent (sic) domain concerns.”

“Graham said there is a growing group who claim conservative beliefs but take an anti-business stance. As an example of this Moseley said there were 25 bills against eminent domain use in this latest session. Moseley said eminent domain can be used to help secure infrastructure and public improvements.

Moseley went on to say that many of these representatives do not hold traditional Republican values and instead are closer to libertarian in ideology. These representatives have expressed views against private-public partnerships and other governmental acts.”

Hutchins Herald Democrat | Area lawmakers give update at legislative luncheon

State Legislature: Pennsylvania

The eminent domain limitation bill: No eminent domain when a landlocked property is created with no access from a public road

The key bill text: ” a condemnor may not render the remaining parcel inaccessible to the condemnee by creating a landlocked property with no ingress or egress to or from a public road or highway”

PA HB 1773 (2017)

Wisconsin added provisions to the state budget that:

• require that all municipalities permit short term rentals
• require uniform regulations for short term rentals throughout Wisconsin
• permits cities “broad authority to regulate short-term rentals and the behavior of the occupants to ensure that they don’t interfere with the neighbors’ use and enjoyment of their property”

Green Bay Press Gazette | State budget restricts local government’s ability to regulate short-term rentals

In Tennessee, the Jefferson County Economic Development Oversight Committee​, a group of elected officials, recommended spending tens of millions of dollars in taxpayer money to begin development on an industrial megasite.

Word  spread that the Jefferson County Economic Development Oversight Committee was talking about using eminent domain to acquire land for the industrial megasite.

Open Records requests followed. A Tennessee appeals court ruled this week that open records laws applied because the Jefferson County Economic Development Oversight Committee​:

•  “performs a governmental function”
• “receives a substantial taxpayer funding”
• “is significantly involved and regulated by the Jefferson County Commission and Jefferson City and Dandridge city legislative bodies”

Cautionary Tale: Talk of eminent domain led to other legal issues.

Citizen Tribune | Appeals Court: Jefferson group subject to open record laws

An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:

• The party pursuing eminent domain could have their lawsuit filed
• A pre-selected  a group of hand picked special commissioners, whose duty it is to determine a value for the property
• And the property owner could have no idea that eminent domain is progressing.

The column points to condeming entities bewing pipelines, transmission lines or local governments.

Huntsville Item | A POWER LINE COMETH

A federal judge in Indiana has ruled that seizing cars with civil forfeiture is an unconstitutional violation of due process and the 5th and 14th amendments to the U.S. Constitution.

The court stressed the hardship of losing one’s car for months without a conviction.

Southern District of Indiana No. 1:16-cv-02980-JMS-DML 

Institute for Justice via Forbes | Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional

Court: Illinois Supreme Court

The Case: ILLINOIS LANDOWNERS ALLIANCE, NFP, et al., Appellees, v. ILLINOIS  COMMERCE COMMISSION et al., Appellants. 

The Ruling: to be able to receive the power of eminent domain in Illinois, a utility must own real property, and the transmission line companies at issue do not own real property in Illinois. 

Is there a way for the project to move forward: Yes, if the comapnies move forward as private companies without the power of eminent domain

KWQC | IL Supreme Court rules against Rock Island Clean Line

San Diego, California  City Council is considering a new short term rental ordinance that will:

• permit short term rentals of residential property but not of investment property
  • home owners could rent out up to 3 properties on a short-term basis,
• require a 3-night minimum stay would be required in San Diego’s coastal areas
• require a 3 night minimum stay in neighborhoods that have been designated as a historic district
• limit the total nuymber of days the residence can be rented to 90 days a year
• up to $5,000 could be assessed for noise and nuisance violations
•  $5 nightly rental fee which would create an affordable housing fund

San Diego Union Tribune | Airbnb debate heats up with new proposal permitting short-term rentals

If a tree overhangs into your neighbor’s property and causes damage, are you liable?

• Massachusetts Rule says no you are not liable.
• Hawaii Rule says yes you are liable.

More trees and property rights issues to ponder.

Harvard University | Property Law Developments | “Massachusetts rule” reaffirmed: no liability if an overhanging tree damages neighboring property

Illinois bcame the 25th state to pass civil asset forefeiture reform.

5 highlights from the bill:

• Agencies must report their forfeiture expenditures publicly & in a searchable format
• Rulemaking will ensure noncompliant agencies have their funds withheld;
• Require regular, independent audits for the State Asset Forfeiture Fund;
• New notice requirements; and
• Shift the burden of proof from the property owner onto the state

Illinois HB 303 (2017)

Institute for Justice | With Governor’s Signature, Illinois Now 25th State to Pass Civil Forfeiture Reform

Governor Scott Walker of Wisconsin vetoed eminent domain restrictions that:

• limited railroad use of eminent domain

Governor Walk let stand eminent domain restrictions that:

• prohit the use of eminent domain for recreational trails and walkways

LaCrosse Tribune | Gov. Scott Walker vetoes quarry regulation restriction, says policy deserves full debate

A billionaire in California bought property on Martin’s Beach. Martin’s is a popular surfing spot. The billionaire cut off public access to the beach.

Round and round went lawyers, state commissions on land use, and then came California’s Senate Bill 42 that allows California to use eminent domain to guarantee public access for the surfers and beach goers.

But, how is California going to pay for this public access its acquiring from the billionaire? Via donation.

Senate Bill 42 allows the state to access donations for the purpose of acquiring the beach access.

Can you imagine if a international conglomerate wanted land, had the state acquire it, and was able to pay the state, via donations, to take the land to support their private enterprise? 

California Senate Bill 42 (2017)

Palo Alto Daily Post | Bills regarding Martins Beach, Caltrain, other local topics passed by Legislature

Add another federal lawsuit to the list of whether pipelines consistite a public use that triggers eminent domain for private entities.

The new lawsuit is in U.S. District Court for the Western District of Virginia.

4 States have expereinced different reactions ont he same topic- pipelines & eminent domain:

• South Carolina and Georgia have restricted the use of eminent domain for oil pipelines
• Ohio and Iowa have ahad a fair share of legal challenges concerning property takings for pipelines.

E&E News | Burgeoning legal movement pits landowners against pipelines

The mayor of West Haven, CT lost his primary race to a city council person.

Some say the surprising loss was due to a redevelopment project that utilized eminent domain.

What factors concerning the project using eminent domain were deemed harmful to the mayor’s campaign?

• Eminent Domain use for a waterfront outlet mall
• That 4 years since property was acquired, there has been no progress, beyond boarded up property
• Demolition is scheduled for after the primary

Lessons:

Schedule demolition well before a primary.

Fox 61 Connecticut | Stalled outlet mall in West Haven may have cost Mayor Ed O’Brien

Rhode Island has a stadium to build for its Pawtucket Red Sox.

• the bill would allow for private development to sieze private land that is not blighted
• the bill would apply to property anywhere in Rhode Island
• the bill’s author says neither of these is the intent of the bill, and that the bill’s langauge is a concern that will be addressed

What did the Senate Finance Chair say in response to this hoopla?  “public opinion is not going to be the litmus test”

AP via Boston Herald Radio | Alarms raised over property rights changes in PawSox bill

Providence Journal | Construction union expected to rally before PawSox stadium hearing

Mesa, AZ wants to reduce blight. To do that, it created a redevelopment zones- East and West Redevelopment Areas.

Why redevelopment zones? The designations trigger access to tax breaks & other incentives to attract investment and infill development

What does Arizona law require to trigger blight tax incentives? That a redevelopment district must exhibit a predominance of blighted conditions

East Valley Tribune | Mesa creates redevelopment zones to reverse blight

Texas Attorney General Opinion, KP-1065, finds that affidavits of adverse possession should be filed by county clerks.

What standard does the affidavit need to meet? It must meet the requirements of Property Code section 12.001(a) : acknowledged, sworn to with a proper jurat, or proved according to law.

What does the affidavit not need to do? The affidavit is not proof that adverse possession has legally occured.

What is a data trespass law? While it sounds like data security, these laws create a crime against physically entering land to acquire data like pollution or animal cruetly.

Are data trespass laws constititional? Maybe not. A Federal Appeals court has found a Wyoming law likely violates the 1st Amendment.

Who is for these laws? Land owners, members of the Farm Bureau

Who is against these laws? People for the Ethical Treatment of Animals, Center for Food Safety, National Press Photographers Association

Casper Star Tribune | Denver court rules against Wyoming data trespass law

Los Angeles will be hosting the 2028 Olympics and the Clippers need a new stadium. What is a state to do? Pretend we’re working in a cartel cocaine processing room and sampling our own product? Yes, in a way, by expediting the permiting process to build stadiums more quickly.

How is the bill expediting the process?

• By exempting from full environmental review any “rail, bus, or transit project connected to the 2028 Olympics, along with expediting environmental challenges to construction of the Clippers arena in Inglewood.”
• Allowing for easier eminent domain for the Clippers stadium- except when it comes to residential property. Commerical property owners beware.

California Eminent Domain Report | New Bill Aims to Streamline LA Olympics Transit Projects & Clippers Arena

California SB 789 (2017)

The Real Deal Real Estate News | State bill would exempt projects tied to 2028 Olympics from CEQA

In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.

What to watch:

• Will the court set a new test for what qualifies for public use by a pipeline?
• Will this test be set forth by the court to apply to all private entities that have eminent domain authority?
• How far reaching will the federal court decision be?

Roanoake Times | Landowners ask federal court to intervene before FERC approves pipeline projects

Courthouse News | Pipeline Challengers Call for Eminent-Domain Overhaul

The Texas Supreme Court this week refused to take an appeal on the City of Austin billboard fee.

Lawyers, courts- their words are like teachers in a Peanuts cartoon. What does this mean?

• The Court of Appeals opinion declaring Austin’s billboard fees unconstitutional stands.
• Why is the fee unconstitutional?
  • The city can charge taxes up to 50% of what the state imposes.
  • What kind of billboard fee does the state have? None.
  • 1/2 x 0 = 0. Austin can impose a total fee of 0 under this rational.
• Is the billboard fee actually a fee or is it a tax? An earlier court decided that the fee was indeed a local tax, and here we are. 

Statesman | Texas Supreme Court declines to revive Austin’s billboard fee

What is this post-Harvey lawsuit about? The Harris County Flood Control District’s and City of Houston’s handling of “controlled release” of water from the county’s Addicks and Barker reservoirs on August 28, 2017

Who are the plaintiffs/class of plaintiffs? Residential property owners and commercial property owners

What’s the taking of land that is involved? The flooding led to a taking of properties by flooding.

What damages does the suit seek?

• Recovery for the repair costs to such properties
• Diminution in value of the properties
• Lost income or business income to the properties’ owners
• Any consequential loss of the flooding.

PR Newswire | Houston-Based Law Firm Files Class Action for Flooding Victims. Potts Law Firm Files Inverse Condemnation Case for All Persons and Businesses Impacted

Rural interests in Illinois are celebrating the Federal Transportation Safety Board’s denial of the Great Lakes Basin Rail.

Rural interests opposed the new stateline rail and say that eminent domain laws in Illinois should be changed in these 2 manners:

• It should be more rare for eminent domain to be used against farm land
• If eminent domain should be used against famr land it should be a higher standard.

State eminent domain laws that treat rural land differently…how many states would say yes to that?

Stateline | Stateliners Glad Great Lakes Basin Railroad Proposal Denied

Large portions of city of Highland, Illinois  is blighted, which translates to the city will create 3 business districts. 

The economic benefit of the 3 business districts will be:

• to provide a revenue source for funding for the new Public Safety Building
• to implement a new 1% sales tax in each of the three areas
• to bolster business by improving, roads, sidewalks, drainage

A federal judge in Indiana ruled that asset forefeiture of vehicles without criminal charges violates the constitution because asset forefeiture laws:

• failed to provide a timely hearing for the property owner to contest the seizure

Forbes | Contributor: Institute for Justice | Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional

Emails, notes, and text messages document collusion between a city and a developer according to attorneys for home owners.

The emails, notes, and text messages reveal that city inspectors were sent in to enforce city code, and in lieu of issuing fines, home owners were given the choice of selling their land to a developer.

The emails, notes and text messages go on to reveal that boarded up homes will drive down prices. The city can use eminent domain to acquire the homes and then the developer can step in and develop the area.

While this sounds like a movie or a good reminder of what not to do, attorneys for the Institute for Justice say they never expected to find the smoking gun.

WHAS11.com | New documents reveal collusion between city and private developer, attorneys say

In Jasper Alabama, the mayor and police chief are checking on available options when a black man asked city council if there is anything they can do.

The solutions: The Mayor is going to talk to the homeowner and the police chief is going to check to see if the federal government can do anything.

Issues that got thrown around in the mix- it looks bad (blight?), citizens don’t like the flag, and what about property enjoyment of neighbors?

This is legislation waiting to be written. Flag burning laws version 2.0.

Daily Mountain Eagle | City officials grapple with Confederate flags on private land

A blight study determined portions of “downtown” Muskogee, OKlahoma are blighted. The sstudy was requested by the city as a means to trigger economic development tools for redevelopment.

The local paper supports th fidning of blight in downtown.

Muskogee Phoenix | EDITORIALLY SPEAKING: ‘Blight’ study critical to downtown

A group of nuns in Pennsylvania own land that the Atlantic Sunrise Pipeline would like to occupy.

The nuns have taken the unusual step of suing the federal government claiming that the interstate natural gas pipeline violates their rights under the Religious Freedom Restoration Act.

Its a show down between the 5th Amendment (private property rights home) and the 1st amendment (protection of freedom of religious exercise).

Judge Awards Atlantic Sunrise Pipeline Builder Rights to Seize Last 5 Holdout Properties, Including Nun’s Land

2017- the year eminent domain went pop culture. Book reviewing Kelo, a film called Litle Pink House making the film festival circuit, and a play in Nebraska about eminent domain and a pipeline. 

Small town hokey play? No. It was a finalist in 2016’s prestigious Eugene O’Neill National Playwriting Competition

Omaha World Herald | Omahan’s play about pipeline battle will have its world premiere at Omaha Community Playhouse

• New Orleans. Digital scorecard streamlined the process post-Katrina.
• South Bend. Made the process more transparent. More information to the public sparked significant improvements in the city’s code enforcement process.
• Detroit. mobile application aptly called “Blexting,” allowed 150 residents and volunteers surveyed the entire city to compile the database and citywide property map
• Cinncinati. predictive modeling allows for early intervention by building inspectors

Government Technology | Battling Blight: Four Ways Cities Are Using Data to Address Vacant Properties

A federal court in Houston found Houston’s homeless ordinance against public camping unconstitutional.

The Court opinion includes: “”Enforcement of the city’s ban against the plaintiffs may, therefore, cause them irreparable harm by violating their Eighth Amendment right to be free from cruel and unusual punishment due to their status of ‘homelessness,'”

Texas Lawyer | Federal Judge Halts Houston’s Homeless Ordinance Banning Public Camping

Urban Farms in California could get a property tax cut if San Diego adopts its ordinance to reduce property taxes for urban farming lands.

San Diego Union Tribune | New incentive aims to spur more community gardens