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

Where: Boston, Massachusetts

Which properties can be offered for short term rental? Owner Occuppied Properties

Which properties cannot be offered for short term rental? 

• properties occuppied by tenants
• properties owned by investors

Boston Globe | City Council passes tough rules that limit Airbnb rentals. 

Where: Universal City, Missouri

What: A road expansion project requires the acquisition of property. 

How will eminent domain be used? The city’s position is to not use eminent domain on any owner occuppied property.

Universal City Patch | Olive/170 Project Raises Hopes And Fears In University City

State:Pennsylvania

The regulatory requirement for managing short term rentals: a real estate broker licensing requirement that “makes it a crime for anyone but a fully licensed real estate broker to help property owners manage rental properties on sites like Airbnb” 

Who challenged the regualtory scheme? The Institute for Justice

What have the courts done? Appellate Court has kept the licensing requirement in tact

What is the argument against a broker license for managing short term rentals? The management of short term rentals does not involve the buying and selling of property

Institute for Justice | PA Court Dismisses AIRNB Lawsuit 

The anatomy of reservoir building in Florida:

The reservoir project: a massive 60,000-acre shallow reservoir to stop dirty water in Lake Okeechobee from polluting the coasts and revive South Florida’s wilting marshes

The opposition: Sugar farmers who refused to sell

The legislative action: Deny the use of eminent domain to complete the reservoir

Miami Herald | Vast reservoir is key to state Everglades plan. Federal concerns could derail it.  

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

• condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
• condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for easement rights

Which states allow for private condemnation? 

• Colorado
• Idaho
• Wyoming
• Arizona
• Montana
• Nevada
• Oklahoma
• Utah
• North Dakota
• South Dakota 

Colorado Real Estate Journal | Private right of condemnation: Necessary or outdated?

What is private condemnation?  It allows  landowners the unique ability to condemn another landowner’s property to acquire a right-of-way to construct “ditches, canals and flumes for the purpose of conveying water for domestic purposes,” and for irrigation, mining, manufacturing and drainage, “upon payment of just compensation,”

Which states allow for private condemnation? 

• Colorado
• Idaho
• Wyoming
• Arizona
• Montana
• Nevada
• Oklahoma
• Utah
• North Dakota
• South Dakota 

Colorado Real Estate Journal | Private right of condemnation: Necessary or outdated?

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

• requires any government agency to obtain Orphans’ Court approval
• PRIOR TO using eminent domain to take permanently preserved land
• CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult

• Preempt local gardening bans that prohibit edible gardens SB 1776 (2018 | FL)
• Preempt short term rental ordinances
  • SB 1400 vs.  HB 773  Florida Legislature
  •  HB 2569 (MO | 2018) Missouri Legislature
  • Arizona’s Private Property Rights Protection Act
• Prohibit any county or town from passing a fence ordinance that violates current WY code WY SF 107 (2018)

• NH town wants to redefine nuisance to cover more blighted property
• IL town wants noise and light regulations for wind turbines
• Spokane WA wants to prohibit drone use that is dangerous
• 5 Cities Fight Blight with vacant property TAXES
• Farmington UT used a Agricultural Protection Area to protect farm land from eminent domain
• Southington, CT sends blight citations to housing court rather than fines and police enforcement

Virginia courts will be taking up a 1st amendment freedom of religion vs. a 5th amendment eminent domain case.

Numerous eminent domain cases against religious institutions are swirling in various state courts setting up a US Supreme Court issue.

What’s happening in VA? First Baptist Norfolk wants to blovk Virginia Department of Transportation use of eminent domain for property they value at $11.8 million.

10Wavy | Norfolk Church goes to court in eminent domain case with VDOT

Colorado Farm Bureau is proposing Initiative 108 that will amend the Colorado Constitution to:

• “ensure property owners are properly compensated if new laws or regulations negatively impact the value of their property”

What is the catalyst? tightening of setbacks on oil and gas development from fracking proliferation

How does the tightening of oil and gas setbacks impact farmers?  Setbacks essentially eliminate oil and natural gas development & farmers rely on royalty checks

Journal Advocate |Farm Bureau petition to put property rights on ballot

Court: Texas Supreme Court 

Case: Tarr v. Timberwood Park Owners Ass’n, Inc.

Did restrictive covenants stop short term rentals? No, short term rentals can continue. 

How did short term rentals continue in the face of restrictive covenenants that limit use of a property to single-family residences?

• Covenants did not address leasing of property
• Covenants did not require owner occupation
• Since covenants addressed neither, there was no prohibition from short term leasing

When Missouri capped local revenue from trffic tickets at 30%, the number of fines issued for housing violations skyrocketed.

39% of the adult population in Pagedale, Missouri was issued a housing fine.

Lawsuits ensued.

This week a consent decree was entered that will:

• require the city to re-write its housing code
• require good cause prosecution for housing fines
• no jail, no contempt charges

institute for justice | Federal Court Approves Historic Consent Decree Ending “Policing for Profit” in Pagedale, Mo.

Ordinance Proposal will define a nuisance as:  ” “any condition or use of property which unreasonably interferes with health, safety, peace, comfort or convenience of the general community and is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such property is located.”

Fine:  fine of up to $1,000 or remedy within 10 days

City: Raymond NH

Opponents say: This is not live free or die. If I want 12 inch grass, I should have 12 inch grass. If I want to work on 2 cars and not be a registered as a junk yard, I should be able to do so.

Union Leader | Proposed ordinance targeting ‘nuisance’ items sparks debate over property rights in Raymond

Texas Public Policy Foundation sets forth these reasons to support short term rental industry:

• People should have a right to rent out their homes
• Don’t add regulations for short term rentals, reduce regulations for hotels/motels to level the playing field
• “an intrusion by the government into the lives of everyday” people

TPPF in the New York Daily News | PEOPLE SHOULD HAVE A RIGHT TO RENT OUT THEIR HOMES SHORT-TERM: DEFENDING AIRBNB IS ABOUT PROTECTING BASIC FREEDOM

Which courts? Federal Courts in Texas

Landowners: 9 Fanin County, TX landowners

Landowners are suing: U.S. Army Corps of Engineers and Col. Christopher A. Hussin, commander of the corps’ Tulsa district

The reservoir:  Lower Bois d’Arc Reservoir in East Texas being built by North Texas Municipal Water District

The legal issue: The federal permit issued by the corps violated federal water and environmental laws

Dallas Morning News | Lawsuit challenges reservoir that would supply water for 1.7 million North Texas residents 

Where: California’s Initiative – Tax Fairness, Transparency and Accountability Act of 2018- is gathering signatures for November 2018 ballot

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for annexation?  Require residents in the land to be annexed to vote

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for a tax on the newly annexed property?  Require a 2/3 vote approval for taxation of the newly annexed land

The Signal Santa Clarita Valley | New tax act initiative could change city’s annexation processes

Cities are turning to Vacancy Taxes to:

• encourage development of vacant property
• encourage leasing of vacant property
• encourage selling of vacant property

Which 5 cities have implemented or are implementing vacancy taxes?

• Washington, D.C
• Vancouver
• New York City
• Oakland
• San Francisco

Governing | Cities Now Use Taxes to Fight Blight. Is It Working?

In KP-0200 (2018 | TX) the Texas Attorney General answered this question:

Where is this happening? Wichita Falls, Texas

What bond measure failed with 75% voting against it? A proposed municipal center

What happened as a result of the failed bond measure?

• The businesses located at the proposed municipal center site were not taken via eminent domain 
• The businesses have noticed an increase in business
• “”It brought back a local interest from people that kind of thought well they’re gone,” Ward said.

News Channel 6 Now | Bond-election reawakens interest in downtown WF businesses

5 Cities where the Institute for Justice is/has been legally fighting food truck ordinances in:

• San Antonio
• El Paso
• Louisville
• Baltimore
• Chicago
• Gibraltar Wisconsin

The argument supporters of food truck rights are using: fighting economic protectionism

IJ.com | Fish Creek Food Truck owners Threatened with Fines Fight Back

Sevier County, Tennessee, is considering eminent domain to take possession of a county animal shelter that is without an operating contractor.

Where did the idea of eminent domain for an animal shelter come from? the Sevier County Budget Committee

How was eminent domain received by the commissioners? “I am always very reluctant to use the power of condemnation unless absolutely necessary. Therefore, I continue to believe the best solution for our citizens and the animal welfare is for the cities and the county to agree on the second proposal, working with experienced people on a short-term shelter, while continuing the process of building a county and cities operated facility.”

Sevier News Messenger | County Considers Seizing Sevier County Humane Society Property through Eminent Domain. 

An editorial in DeKalb County Illinois is calling for local restrictions on a new wind farm that would address:

• light pollution
• minimize the disruption of blinking red lights
• minimal or eliminated shadow flicker from the blades blocking sunlight
• consistent setback requirements

What should be required of the wind energy companies:

• pay the cost to improve roads
• guarantee property values

Who should be protected by the ordinance(s) according to the DeKalb editorial:

• land owners 
• rural residents

Daily Chronicle | Our view: Wind turbine ordinance should protect, respect property rights

Background: 

• 2016 Surface Transportation Board did not authorize eminent domain for Texas Central Rail proposed high speed rail between Dallas and Houston
• A 2018 partnership with Amtrak triggered a request for reconsideration of the 2016 eminent domain issue

Campaign TREND.

• HD 8 primary run-off candidate Cody Harris says the following about eminent domain use and high speed rail:
  • “dishonest and deceitful scheme by Texas Central”
  • “attack on rural property rights”
  • ” transparent assault on the sovereignty of Texas”
  • “Texas Central now realizes the only way to get what they’re after is to take their case before the bureaucrats and special interests in the DC swamp”

Corsicana Daily Sun | Harris Blows the Whistle on High-Speed Rail Scheme to “Borrow” Eminent Domain Authority from Amtrak

Palestine Herald Press | Harris accuses Texas Central of land grab; company touts jobs

Ft. Worth Star Telegram | Why the makers of Texas’ high-speed rail line want to connect to Amtrak

City: Spokane Washington

Spokane’s drone restrictions in public parks: drones cannot be operated ““in a manner that is dangerous to persons or property.”

The enforcement mechanism: $261 fine

The Spokesman Review | Camping, marijuana and drone use to be restricted under new rules for Spokane’s parks

Where: Muskogee Oklahoma

What propety was taken for what type of project? To expand the parking lot of a VA Call Center, the City took a residential property

What did the residential landowners tell the court? that the taking was to “serve a private purpose deprived them of a property interest without due process in violation of state and federal constitutions”

What did the city say was the reason for the parking lot? Safety and transportation 

The appellate court: An agreement between the city and the building owner showed that the taking of the residential property served a private purpose.

Muskogee Phoenix | City settles eminent domain claims

Where: Farmington, Utah

How did the city council in Farmington Utah protect a 6th generation farm? By designating the farm an Agricultural Protection Area

What protections does an Agricultural Protection Area offer? 

• Protection from zoning changes for 20 years
• fortifies protections against eminent domain, but doesn’t 100% insulate the famr from eminent domain
• safeguards the property against nuisance lawsuits related to farm noises and smells

can the designation be renewed?  Yes. 

Why is this a better option for the farm than a conservation easement? 

• A conservation easement would have forced unnecessary land use restrictions on the farm
• Would have restricted a future conveyance by children or grandchildren

Standard Examiner | Farmington farm scores win, but future still uncertain

The candidate: A candidate for county commissioner in Montana

The combination of property rights/economic growth:

• “Individual private property rights are of paramount importance to Flathead County residents
• and protecting individual property rights and planning for growth is not an either/or proposition.
• We can do both,” 
• “Government regulation of private property should only go as far as necessary to protect legitimate health and safety issues associated with that growth and no further.”

Daily Inter Lake | BRODEHL STRONG ON PROPERTY RIGHTS, FISCAL CONSTRAINT 

Philadelphia Pennsylvania City Council is poised to require that all local government property transactions require a third party appraisal to determine the value of the property.

The bill makes 2 exceptions:

• land taken by eminent domain
• sheriff sales

Phladelphia Business Journal | Bill requiring independent appraisals on Phila. real estate deals likely to become law

To support state action for short term rentals, supporters are touting: Arizona’s Private Property Rights Protection Act

Why is Arizona’s Private Property Rights Protection Act so important?  It allows land owners to be reminursed when regulations decreate their proeprty values, which with certain common-sense exceptions

The Hill |  Grassroot Institute of Hawaii | Property rights include the right to rent it out — even if others don’t like it

3 Ways Colorado cities are proposing to regulate drones:

• Allow residents to shoot down drones (ordinance failed to pass in Deer Trail, CO)
•  Limit the methods of piloting a drone beyond that which the FAA has already designated (Newton, CO)
• Greenwood. CO is using existing ordinances prohibit photographs, nuisances & harassment

The local governments raise the following policy reasons:

• protect the quality of life of residents
• protect privacy
• limit recording of concerts and events by drone

DroneDJ | Colorado towns try to restrict drone use with local rules that interfere with the FAA’s mandate

State:  Missouri

The Missouri short term rental local ordinance premption bill: HB 2569 (MO | 2018) 

What would  HB 2569 (MO | 2018)  do?

• prohibit municipalities from requiring a business license
• prohibits home owner associations from blocking short term rentals
• address how spaces are advertised for shirt term rentals to ensure a fee is collected

What do opponents say?

• could impact the collection of the city’s tourism tax, because the bed tax (hotel/motel tax) is collected from a business. No business license, then there is no business to tax

Missourian | City Tracks House Bill On Vacation Rentals

The Campaign: Congressional Candidates for 2nd Congressional District in Tennessee

The Eminent Domain Issue: When the Tennessee Valley Authority was created, land was taken by eminent domain. Legislative proposals seek to privatize the Tennessee Valley Authority. 

The Candidate Responses to Privatization and Eminent Domain

• 4 candidates of both parties oppose privatization
• 1 Republican candidate specifically noted the use of eminent domain as a reason to oppose privatization

The Daily Times of Blount County | Nine congressional candidates offer range of views at forum

Background: A local Wisconsin Community Development Authority is taking action to declare maintained properties blighted

What statutory language provides for development within an area under blight standards:

“an area which is predominantly open, and which because of obsolete planning, diversity of ownership, deterioration of structures or of site improvements or otherwise substantially impairs or arrests the sound growth of the community.” 

Community Repsonse: Organized the  Better Mount Pleasant group to call for the resignation of the Community Development Authority members utilizing blight as counter to the local government’s ethics policy.

There’s a conflict between state blight laws and the local government ethics policy? The local citizen group claims the local officers are  violating the local  Code of Ethics, which states “any public official who knowingly acts in excess of their legal authority and official capacity has committed misconduct in office.” 

The Journal Times | Group calls for Mt. Pleasant CDA resignations amid blighting controversy

Congress is considering HR 1689 which does the following:

• No eminent domain can be used if the state or local government receives federal economic development funds
• Private causes of action ca be brought against states and cities if eminent domain is used and economic development was involved
• Prohibits State immunity in causes of action

State: Louisiana

The legislation to open navigable waters to anglers: HB 391 (LA | 2018)  to ” restore anglers’ rights to access public waters”

The opposition to opening navigable waters to anglers:

• wealthy private land owners
• energy companies

Supporters of opening navigable waters to anglers:

• Louisiana B.A.S.S. Nation
• Louisiana Sportsmen’s Coalition

The Louisiana House vote: 37-59

KALB| Powerful Opposition’ kills public access reform in Louisiana

Background: Nebraksa legislature passed a bill that would repeal a county’s ability to eradicate black-tailed prairie dogs on private property

Supporters of the Bill Call for Private Proeprty Rights: Repealing a county’s aility to eradicate the black-tailed prairie dog on private property is important because this law “infringes on property rights and harms native animals.”

The Veto is supported by this pro-private property rights statement: “fails to protect individual property rights from neighbors who don’t control prairie dogs on their property.”

Hastings Tribune | Governor vetoes Nebraska prairie dog management bill

The 3 pending eminent domain issues that could reshape land use in Houston, Texas:

• Hurricane Harvey.  The city’s of eminent domain to re-purchase flood plain areas
• High Speed Rail. Whether Central Texas Rail will be authorized to use eminent domain to obtian lands for its rail and stations.
• Roads. Always, roads. More people = new roads and expanded roads.

In Texas Attorney General Opinino Rquest, RQ-022-KP, we’re going to find out what property rights an RV has and what property rights a park owner has.

Get your arguments ready for the Attorney General.

Get your drafting pencils ready to write the bill to fix the opinion. 

Who requested the opinion: Charles Perry

The question for the Attorney General Opinion: whether recreational vehicle park guests-transient or temporary guests-are licensees or tenants

What arguments does the opinion request make?

• There is no consistency under TExas law onw hether RVs are treated as tenants or licnesees at RV parks
• Licensees are how hotel guests are treated and references the transient nature
• The TX Water Code refers  RVs as transient
• The TX Transportation Code doesn’t use the word “transient” but refers to “not permanent”

The stadium: FC Cincinnati

The opposition Op-Ed author: A former Cincinnati mayor and founder and CEO of the Center for Closing the Health Gap

The eminent domain problem:

• History is a problem. 
  •  In the 1950s 26,000, mostly minority residents, were displaced from eminent domain for an redevelopment project
  • When I-75 was expanded, the same displacement of minority residents occurred
• Relocation never occured. The 1950s eminent domain use did not bring relocation to fruition
• There was no redevelopment.  The same are remains economically repressed.

Cincinnati.com | Opinion: Why opposition to FC Cincinnati is about more than just a stadium

South Carolina Governor signed S1101 (2018) that extends the ban on eminent domain for private or publicly traded pipeline companies.

The ban on eminent domain was set to expire and has been extended to November 30, 2020.

Berkeley Independent | Lawmakers continue work on electric power reform

State: Georgia

The Republican Candidate for Governor: Hunter Hill, a former State Senator 

His proposed test for granting eminent domain authority to a private entity:   a net benefit to the taxpayers before eminent domain can be given to private entities

WABE | Meet Republican Gubernatorial Candidate Hunter Hill

The City: Cochella

The short term rental ordinance provisions that were chopped: inspections and a $60 licensing fee

The reasons for eliminating inspections and fees:

• The economic impact for the Cochella festival
• entrance barriers may stifle economic development and opportunities for city tourism revenue
• Cochella retained the need for property owners to obtain a business license for $100

Desert Sun | Coachella cuts short-term rental inspections and license fee days before festival

Texas Attorney General Opinion Request: RQ-0219-KP

Requestor: Lyle Larson

Question the Attorney General Office is to answer:  Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?

State: Wisconsin

Development Project: FoxConn Manufacturing Plant

What’s happened to the property in the FoxConn path?

• most property owners have not entered into negotiations
• blight designations were prescribed by the Mount Pleasant Community Development Authority

4 Requirements  for Blight Designation in Wisconsin

• property cannot be owner occuppied
• property cannot be occuppied by the owner spouse
• property cannot be occuppied by an individual related to the owner by blood, marriage, or adoption within the 4th degree of kinship
• crime rate in, on, or adjacent to the property is at least 3 times the crime rate in the remainder of the municipality in which the property is located.

Opponent Response:  If board members vote for blight, then they should resign

Wisconsin Gazette | Community group: Mt. Pleasant board members should resign if they vote to blight homeowners in Foxconn zone

Local Trend: Local Ride Share Ordinances

Legal Trend: In San Francisco, Financial Institutions are suing over the loan value of the city’s $250,000 taxi medallions which local ride share ordinances diminished the value of the medallions

Lege Trend: Leveling the playing field so that ride share and taxis are regulated equally

ABC 7 San Francisco | Credit union suing San Francisco over ‘worthless’ taxi medallions

Louisiana Legislature is considering HB 727 (2018) that will:

• pipelines and the equipment and structures
• penalize trespassers with up to 5 years in jail
• creates a new crime of critical damage to critical infrastructure
  • with up to 15 years jail time
  • a convicted person can also be charged the cost of prosecution

The Advocate | Environmentalists see proposed Louisiana law to protect pipelines and penalize protesters as overreach

Austin’s short term rental ordinance is being litigated. Texas Attorney General Paxton rational for getting involved in the lawsuit:

• Austin’s ordinance is ” “a gift to the hotel industry or Austin residents who seek reduced home prices.”
• He holds up Texans whose relatives housed troops during times of war to support a statewide histroy of short term rentals
• “By taking away its citizens’ property right to lease their homes as they see fit, the city has violated their constitutional rights,

Texas Attorney General | AG Paxton Urges Texas Appeals Court to Declare Austin’s Short-Term Rental Ordinance Unconstitutional

SE Texas Record | Paxton files brief with appeals court over Austin’s short-term rental policy

What issue are legal property rights centers looking at?  is there a public good, for eminent domain purposes,  when the public that benefits from the exported good is Europe or China?

What does this have to do with eminent domain? Pipelines, such as those that feed a LNG Export Center, are often uilt with the use of the power of eminent domain.

To exercize eminent domain constitutionally there must be a public use/public purpose for the land

How are property rights legal exeperts looking to intervene in exported oil and gas?   intervening in existing cases to aid property owners fighting eminent domain actions

Is this impacting oil and gas industry? Yes, a Texas pipeline that seeks to serve deregulated Mexican market, included a spur to a small Texas town that had never had natural gas service before to avoid the public purpose issue before the company utilized eminent domain

Houston Chronicle | Are pipeline land takings in the public interest if oil, gas headed overseas?

Refreshing our recollection, Idaho is streamling its civil and criminal trespass laws.

A theory in Idaho is that behind the bill are the Wilks brothers because:

• The brothers have bought 172,000 of Idaho forrest that was previously open and is now closed to hunters, fishermen, ATV riders
• There’s video of a Wilkes security guard having a run-in with a recreationalist
• interaction between Wilks’ lobbyists with the bills supporters 

A legisaltor told a Wilks family member that Idaho isn’t Texas, implying you cannot fence off land that was previously open to recreationalists.

Idaho Statesman | This was Texas billionaires’ role in revising Idaho trespass law

Tennessee’s bill that would make the State ‘s Historical Commission partial control over all historic property under control of local governments:  HB 2146

Concern of opponents:

•  HB 2146 would also give the TN Historical Commission new eminent domain authority
• The bill allows the stsate commission to threaten removal of officve for any local official that ignoed a state histroical commission decision

Supporters of the bill say:

• the bill is necessary because Memphis tried to remove two controversial statues

USA Today | Tennessee bill that aimed to protect controversial statues killed

Colorado Courts are grappling with “eminent domain creep.”

What’s eminent domain creep? Extending eminent domain through judicial opinion.

What’s the issue in Colorado? City A wants to buy land outside its city limits for open space and then annex the land into City A and offer developers tax incentives. City B opposes the land transaction and wants to use eminent domain to take the land for open space.

Denver Post | Eminent domain creep strikes again

Empower Texas is arguing for statewide regulations for food trucks because:

• Houston & Austin regulations, the 6th and 7th worst cities respectively, overburden these small businesses
  • Houston should eliminate “on-site bathrooms for food trucks on private property and the “electronic monitoring fee.”
• It relies on this report from the US Chamber of Commerce that says food trucks have an average of ” 45 separate government procedures over 37 days and pay over $28,000 in fees for permits, licenses, and compliance
• Texas cities should streamline inspections & permitting but abolish distance requirements 

Empower Texas | Food Truck Regulations in Houston And Austin Burden Budding Businesses

A fedceral appeals court will rule whether the power of eminent domain for a pipeline in Ohio. 

What do I need to know?

• Nexus is a partnership that is partly foreign owned
• While awaiting a court ruling, a local govenrment in the project’s path, approved a settlement on city lands, but the city legal counsel says the agreement is not elegibile for approval on a ballot
• The city’s agreement does not impact the landowner lawsuit over the question of eminent domain authority

Akron Beacon Journal | In Green, Nexus battle continues even as trees are cleared

Missouri’s House Bill 2401  (2018) limits the use of eminent domain by preventing eminent domain by :

• out of state entity
• for utility transmission lines that do not provide service to Missourians

Kirksville Daily Express | Missouri House committee seeks full K-12 funding

Background: Atlantic Coast Pipeline contractors seek access to property to begin tree-cutting, Landowners are asking a court to prevent the tree cutting.

What court? US District Court Judge Terence Boyle, a George HW Bush appointee, in the Eastern District of North Carolina

The court sides with the landowners and said: 

• landowners should have a reasonable opportunity to negotiate
• the pipeline can use eminent domain

What pre-requisities on eminent domain use are detailed by the court to protect landowners?

•  the pipeline must deposit an amount 3 times the appraised value of each parcel it plans to condemn with a federal district court clerk.

  • If the appraised value is less than $3,000, then ACP, LLC must deposit $9,003.

• The utilities also must obtain a bond twice the appraised value of the parcels

NC Policy Watch | BREAKING: Federal judge rules in favor of two landowners in Atlantic Coast Pipeline case

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

Where: La Plata County Colorado

The land use resrictions the La Plata Liberty Coalition Opposes:

• County regulation of building height
• County regulation of exterior facade colors
• County regulations of screening structures and minimizing impacts on views
• County regulations providing visual breaks to any structures’ facade
• County regulations to avoid monotonous roof planes

3 County regulation topics that require just compensation:

• requiring “open vistas”
• preserving “scenic corridors”
• “aesthetics” 

OpEd La Plata Liberty Coalition | Durango Herald | Fossel; Getting it right! La Plata Liberty Coalition takes on the land-use code

First comes private property rights lawsuits, then comes legislative reponse.

Which local government? Indio, California

What did Indio, California do exactly? A lawfirm became the city’s official prosecutor for code enforcement cases. The lawfirm’s pitch was that it wouldn’t cost the city a dime. 

What’s the private property rights angle? The lawfirm’s deal with the city allows the lawfirm to bill a property owner its full legal fees in a prosecution which creates a personal financial stake in the cases prosecuted

What’s a legislative response?

• prohibit outsourcing enforcement
• prohibit billing for attorney fees when outsourcing enforcement

Institute for Justice | Running Afoul of the Law

online polling for eminent domain purports:

• 58% oppose eminent domain use
• 42% are yes and likely yes, but only if….

What qualifiers are offered for yes to eminent domain?

• never for private projects
• only for national emergencies
• only if compensation is drastically above fair market place
• fair compensation & a benefit for the community

isidewith | Eminent Domain Poll Results for Greg Abbott Voters 

The County: Madison County Texas

The high speed rail project: Texas Central Partners’ Dallas to Houston High Speed Rail

What action did Madison County take to block any high speed rail eminent domain use in Texas?

• county intends to maintain the roads for the use intended, and no other use

Madisonville Meteor | County takes stand on railway

Attorney fee standards in eminent domain statutes are either:

• reasonable attorney fees or costs
• attorney fees and costs “actually incurred” *

* Courts may find “Actually incurred” means invoiced and not actually paid.

The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.

TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Nebraska: Eminent Domain Fee Statute Only Requires Reimbursement Of Fees “Actually Incurred” (So Unsupported Claim Is Right Out)

State: Wyoming

The bill: WY SF 107 (2018)

How would state law preempt local fence regulations?

• prohibit any county or town from passing a fence ordinance that violates current WY code

What’s an example of a blocked ordinance under this bill? If an ordinance required wildlife friendly fences, which is an issue in Teton County

Jackson Hole News Guide | Proposed change to fence law is dead

• Land: Wildlife Preserve land at the Border
  • Eminent Domain Use: Border Wall
  • ABC 10 | Texas wildlife refuge could become fierce battleground over Trump’s proposed border wall
• Land: Landowners around the Lost Pines Groundwater Conservation District
  • Property Rights Issue: Whether landwoners with no well in an aquifer can protest a permit
  • Statesman | Groundwater district appeals judge’s ruling for Bastrop landowners
• Property: Deer and deer breeder licenses
  • Property Rights Issue: What will the appellate courts do with the either the ruling or compensation for the TPWD rule that transfered privately owned deer to state property
  • Statesman | Texas deer breeders challenge ruling on state’s disease regulations
• Property: Land along the proposed Dallas-Houston high speed rail
  • Property Rights Issue 1: Whether the power of eminent domain is granted to the high speed rail entity
  • Property Rights Issue 2: If the high speed rail entity has the power of eminent domain, how does its power of eminent domain work when local governments have declared certain right of ways untouchable by local government action?

City: Southington, CT

Current Blight process: Inspector visits, most property owners cure the problem. If not, police visit and issue citations with fines. 

New blight ordinance proposal: 

• In lieu of fines and a police visit, the proposal is to send the unremediated blight directly to housing court. 
• Any complaints are limited to complaints in writing. 

Southington Record Journal | Southington council considers housing court for blight cases