Land Use & Property Rights

Where: Utah

What? A package of legislation that will require:

• landlords to disclose early on an itemized list of fees a prospective renter could have to pay HB 211 (2020 | UT)
• allow local governmental entities to adopt rent control HB 131 (2020 | UT)

Salt Lake City Tribune | Renters’ rights bills face an uphill battle in a state Legislature full of landlords

Where: San Francisco, CA

What: San Francisco is considering eminent domain to acquire PG&E  local wires and taking over electricity service within the city

5 Reasons why the city wants to take over the utility service:

• Local control of the entire San Francisco electric system
• increased affordability
• safer
• more reliable
• more accountability

Bloomberg | San Francisco Tries to Rally Public to Buy Piece of PG&E

Where: Los Angeles

What: L.A. is considering using eminent domain to stop rent spikes

Why: To retain affordable housing in L.A.

Los Angeles Times | L.A. leaders weigh a new idea to halt rent hikes: Force landlords to sell their buildings

Reason | L.A. Politicians Want To Seize Private Apartment Building to Prevent Rent Increases

Bonjour to eminent domain prohibitions for HyperLoop Projects

Where is this happening? Missouri

What does the legislation look like? HB 1963 (2020 | MO)

Is there a boot and suspender approach to the eminent domain ban? Yes, the bill expressly prohibits eminent domain and prohibits the use of public funds

St Louis Post Dispatch | Hyperloop gets boost in Missouri House after backers add eminent domain ban

The State: West Virginia

Why does West Virginia want to increase the competitive bidding process for rebuilding after a disaster?

• Increase the number of bids by local companies
• Streamline the purchasing process after a declared disaster
• Stop the inefficient process of bidding out large projects out in a lump sum

HB 4130 (2020 | WV)

Metro News | Legislature passes bill aimed at increasing competitive bids for post-disaster housing

Utah + Ohio = States that want to stop eminent domain for recreational purposes.

Ohio wants to stop unelected officials from using eminent domain for trails.

Utah’s HB 133 (2020 | UT) prohibits the use of eminent domain for trails that are not regionally significant.

What is a regionally significant trail? a trail that goes through multiple municipalities or counties

KSL | Lawmaker to counter use of eminent domain for trails, other recreation uses

Where: Missouri

Why: The line connects Kansas and Indiana by traveling through Missouri

KTRS | House Passes Bill Targeting Wind Energy Line

Which states have passed truth in labeling laws for milk and meat? Arkansas and Mississippi

What happened to these laws? Overturned in courts as violating the first amendment

Capital News Service | Bill defining milk advances in Virginia legislature

Where: Virginia

What: A bill to define what constitutes milk

The legislation: HB 119 (2020 | VA)

How does the bill define milk? As coming from hoofed animals to exclude Oat “milk” and Rice “milk”

The opposition:  Plant Based Foods Association

Virginia Capital News Service | Bill defining milk advances in Virginia legislature

Florida’s HB 659 (2020 | FL) would allow drone use to eradicate evasive species and help fight wild fires.

Who would be permitted to use the drones?

• non law enforcement staff of their parks department and their forestry service
• firefighters

What evasive species is being targeted:

• Pythons in the Everglades
•  lygodium, a climbing fern smothering native vegetation

The Center Square | Florida bills expanding drone surveillance to eradicate pythons, fight wildfires advance

Where: Tokyo

What: A property developer is building homes without parking but with membership to a ride share program

The benefits to home buyers: reduced costs from eliminating parking space

Japanese Researchers say decreased auto ownership has led to less interest in golf.

Nikkei Review | New Tokyo homes ditch parking spaces but offer car sharing

The legislation: LB 594 (2020 | NE) Provide for a deceptive trade practice relating to meat under the Uniform Deceptive Trade Practices Act

Where: Nebraska

Why? Support for the cattle industry

What stalled the bill? A call for federal guidance

The opposition: Impossible Foods & the Plant Based Foods Association

NTV | ‘Fake Meat bill in legislature stalls

Where: Florida

What: HB 1011 (2020 | FL)

What is the author (R) saying saying?

• “some local governments have forgotten this foundational principle of our country and are infringing on citizens’ rights.”
• need a ” fair and consistent approach for vacation rentals”

Are there exceptions? yes, grandfathers in local rules that were in effect before June 2011

Framework for the statewide requirements for short term rentals:

• property owners must display their license
• sales tax will be collected
• tourist development tax collected

FLAPOL | Bill preempting local vacation rental regulations gets first House hearing

Where: Ohio

What: HB 476 (2020 | OH)

What limits are placed on eminent domain?

• prohibit eminent domain by un-elected government entities
• for the purpose of recreation

WFMJ | Rep. Manning introducing legislation to fight eminent domain for Bike Trails

What? Tennessee’s HB 1629 (2020 | TN) would prohibit the wearing of masks and hoods on public property and on private property, unless the owner consents

Exceptions? Holidays, sporting activity, trade, occupation, theatrical production, parade or masquerade ball or during an emergency drill or emergency event

WVLT | Bill seeks to make wearing hoods, masks illegal in Tennessee on public property

Where: Lousiana

What has happened in Louisiana?

• 2018, Legislature rejected a push to allow fishing boats onto land that has any private ownership claim
• In 2018 Lousiana studied the issue in the Public Recreation Access Task Force 
• In 2020, the Public Access Task Force report offers suggestions for regulation:
  • BALANCE INTERESTS. Its recreation sportsmen VS. respect for landowners’ legitimate interests in “managing the use of their land and in the development of mineral rights associated with that land.”
  • STATE FISCAL IMPACT.
    • Don’t cut mineral tax revenues
    • Don’t increase administrative costs for new access regimes from new access pathways

What would regulatory proposals look like?

• state government could buy recreational access servitudes from landowners
• give private landowners tax incentives to allow recreational access
• strengthen landowner immunity to lawsuits in exchange for allowing recreational use of their properties
• allow the state to negotiate permanent boundary settlements
• guarantee access to all surface waters that ebb and flow with the tide
•  let landowners donate surface ownership of a tract of land to the state & reserve mineral rights in perpetuity

Minden Press Herald | Louisiana lawmakers try to balance property rights with public land use

• 20% of short term rental properties are remitting taxes
• 1,200 rentals are subjected to Dallas ordinance
• 371 have registered
• 237 have begun remitting taxes

Dallas Observer | About 20% of City’s Short-Term Rentals Are Paying Required Tax

Who is making these arguments? REP. RON WRIGHT (R-TEXAS)

What 3 reasons does he give for eminent domain stopping Texas Central, a Texas high speed rail line?

• The entity has been denied, so far, state eminent domain authority
• The entity has been denied, so far, federal eminent domain authority
• The high speed rail can’t break ground until the land issue is resolved, as it has only acquired 1/3 of the needed property

The Hill | Proposed Texas rail line has the look of a high speed fail

Where: New Hampshire

What: Preventing discrimination in the sale or rental of property to pet owners

How? HB 1391 (2020 | NH )

4 Policy reasons to support this legislation:

• reduce killing and costs at the local animal shelter
• increase adoption revenues & tax revenues
• improve civic engagement and public health
• encourage both individuals and businesses to relocate to a community.

Concord Monitor | Editorial: An avalanche of bills – with a bunch of bad ones

Where: Michigan

What: SB 714 (2020 | MI)

How does the bill help property owners? The bill allows property owners to build approved water abatement measures to protect their property before obtaining a permit.

When can you build before permitting? During an emergency when lake levels reach dangerous heights

Holland Sentinel | Letter: Dangerously high water levels require immediate action

Where: Georgia

Why? high-dollar verdicts against hog producers in North Carolina concerned Georgia farmers and ranchers

How did they protect farms? HB 545 (2019 – 2020 | GA) by limiting who can file nuisance suits to those who own property within 5 miles and limit the time for which suit can be filed to 1 year from start of farm/ranch operations

Georgia Recorder | Online sales tax, other 2019 bills due for return engagement this year

What’s touted as model eminent domain legislation? Arizona’s Property Ownership Fairness Act 

Who says so? Right and Libertarian groups like CATO, Goldwater Institute + Urbanity Project of the Mercatus Center at George Mason University

Why is the Property Ownership Fairness Act popular? Some say it is middle ground where neither property rights nor local government action are absolute. The Act says if a local government action diminishes the value of land by imposing new limitations on the use of the property, like increasing the minimum lot size or changing the zoning to lower-value uses, it must compensate the property owner for their loss.

CATO | Property Ownership Fairness Act: Protecting Property Rights

City Journal | Hopeful News on Housing

Where: Missouri

What’s the Missouri legislation look like? HB 1412 (2020 | MO)

Why is the author motivated?

• Court rulings in the Grain Belt Express transmission line/eminent domain case
• Eminent Domain is too powerful of a tool and is unfair to land owners

News Press Now | Eminent domain should be used rarely

Where: Missouri

What’s the Legislation? HB 1751 (2020 | MO), the Right to Remember Bill

What eminent domain use would be prevented?

• No eminent domain for historical marked lands and grave sites
• Unless a local governmental entity hold. public hearing and the action receives majority approval

70 West Sentinel | State Rep proposes legislation about grave markers, red light cameras, and requiring officials to be present to vote

Which state? Arizona

What is Arizona allowing with border walls on private property? HB 2084 (2020 | AZ) will allow:

• The goal is to preempt “overzealous local officials will block construction by erecting procedural barriers.”
• Border walls on private property would not be subject to building codes or safety inspections
• To prevent what happened in Texas when local officials were awarded a cease and desist order for a private border wall that was ultimately subject to local building & safety codes

Arizona Capital Times | Private landowners can build unregulated border wall under proposed legislation

What is this group? Rural Rights Association of British Columbia

Why did the group form?

• Property rural property rights from urban rules
• Special district rules that limited RVs on private property
• A greater voice for rural residents who are overshadowed by urban voices

Clearwater Times | Rural Rights Association begins expansion

What: Church Space connects churches with available space in a church sharing app

Where is it operating? Dallas TX

CBN News | Churches Join the Hottest New Business Trend: The ‘Sharing Economy’

Where: Jefferson County, Washington

What ordinance would limit shooting ranges? An ordinance to require that all shooting ranges be indoors and applies to  commercial and industrial zoned land

Peninsula Daily News | Jefferson County planners want to limit shooting ranges to indoors

Where: Eugene Oregon

What is farm branding? Supporting farms that tout regenerative, sustainable and organic methods

What’s the company? AgCheck

How does it work?

• Drones will photograph farming practices
• A database will be created
• Blockchain will store the farm database
• Allows suppliers & consumers to verify that farmers are living up to practices they preach

Governing | Oregon Believes Drones, Blockchain Can Better Support Ag

The Campaign: Andrew Yang

What would ownership of your personal data mean? You could make money off of letting companies use your data

Why? using Americans’ personal data has become a $198 billion industry

Business Insider | Andrew Yang wants you to make money off your data by making it your personal property

Where: Portland

What: New proposal from Portland’s planning and sustainability commission would require new builds to have “opportunities to rest and be welcome” for people who do not live on the property

Daily Wire | Portland Wants Private Property Owners To Add ‘Mandatory Rest Spaces’ For The Homeless

Where: Colorado Springs, CO

How is Colorado Springs choosing to define owner occupied? An owner must inhabit the property for more than 185 days per year

What if an owner does not occupy property for more than 185 days per year?

• Not be allowed in single-family residential or single-family planned unit development zoning districts
• In other zoning districts, nonowner occupied units must be separated by 500-foot buffers

Will existing properties be grandfathered in and excepted from the new rules? Yes, as long as they timely file their annual application and fee

Colorado Springs Gazette | Colorado Springs City Council approves more rules for short-term rentals

Where: NYC

What is a bird friendly building ordinance? An ordinance that reduces the number of birds injured by flying into buildings

How?

• the use of special materials along facades to avoid avian strikes
• applies to under under 75 feet, the maximum height of most bird flight

What construction projects will it apply to?

•  all new construction
• all major alterations to buildings

Are other jurisdictions doing this? Yes

•  San Francisco in 2011 
• Minnesota in 2013

The City | HOW BIRD-FRIENDLY BUILDING RULES WILL FLY IN NEW YORK

Where: Texas

Who: Texas State Representative Burns

Why? Division and partisanship accomplish little

How does this relate to eminent domain? He will continue to push his eminent domain reforms HB 991 (2019 | TX)

Cleburn Times Review | State Rep. Burns calls for more considerate discourse

Who: Airbnb

What is Airbnb doing to address short term rental nuisances?

• prohibit “open invite” parties at all of its accommodations
  • Open invite parties are open to anyone and advertised on social media
• prohibit large parties at apartment buildings & condos
• identifying listings globally that may be violating the party house ban
• issuing new guest behavior rules
  • 1 warning for excessive noise, unauthorized guests, unauthorized parking, unauthorized smoking or excessive messiness reported by a host or a neighbor
  • After 1 warning, violations will result in account suspension or removal
• dedicated hotline for mayors and city officials 

Mercury News | Airbnb introduces new rules to rein in parties, nuisances

Where: Ontario Province, Canada

What: Trespass and Protecting Food Safety Act increases fines and penalties for people who trespass on farms or interact with livestock being transported.

How would the farm trespass enforcement be enforced?

• $15,000 fine for first offenders
• $25,000 for subsequent offenses

Do farms get increased liability protection too? Yes increased protection against civil liability if a trespasser is hurt on farm property

Woodstock Sentinel Review | Legislation proposes stiffer penalties for farm trespassers

Where: Missouri

The legislation: Pre-filed HB 1412 (2020 |MO)

What attorney fees would be awarded?

• Fees incurred by a property owner
• Actual reasonable attorney’s fees and costs incurred

Webster County Citizen | Solon filing bills ahead of next month’s session

Who: Ikea

Where: East Texas

What: 42,000 of acres of pine forest

Why: “high standards related to responsible forest management” & the company goal to become self-sustaining 

Dallas Morning News | Why is IKEA buying up thousands of acres of forestland in East Texas?

Where? Jersey City, New Jersey

What happened? After $4.2M spent on a local elections, formed a PAC called Keep Our Homes, and this week voters approved short term rental restrictions

What’s the background between the city and Airbnb?

• 2015 they reached an agreement on short term rentals in the city
• In 2015 there were 300 listings, within a year 2000 listings, & 3000 listings today
• June 2019 the city passed a 60 day cap, prohibition of renters listing on airbed, and limits on multifamily building airbnbs

Wired | How Airbnb’s Fight to Overturn a New Jersey Law Imploded

Who: RealX Ventures Inc.

What: An online database of available property rights 

How does it work? Owners list their property rights & offers can be made and accepted through the platform

Expansion: other states, timber rights, solar rights

Pittsburgh Business Times | Startup takes high-tech approach to a low-tech industry

How much time is too much time to have no enforceable conflict of interest in Nevada? 2 decades

What changes are being considered?

• Part ways with the developer who also employs all the board members of the water district
• Establish procurement procedures
• Clear conflicts of Interest Disclosures

Nevada Independent | Water district linked to developer will consider reforms after eminent domain action revealed web of conflicts

Update to this gem from earlier this month:

Where: Storey County, NV

How did this come about?

• The owner of the Mustang Ranch is a developer at the Industrial Park
• This same person is also a Water District Commissioner
• This person signed development agreements as both the developer and the water district representative
• All employees of the Water District work and live at the brothel

The governance issue with the water district: Simultaneous Public and Private Benefit

Nevada Independent | For years, a public water district blurred the line between business and government — with a developer’s brothel workers at the helm

Where: Arizona

What: HB 2001 (2020 | AZ)

How long has Arizona prohibited AirBnB bans? Since 2016

What arguments are lawmakers in support of the repeal?

• investment groups are buying properties for short-term rental use
• “pricing out Arizonans”
• creating housing shortages
• neighborhoods are becoming businesses
• no one intended for this to happen
• return to local control

The Center Square Arizona | First Arizona bill for upcoming session seeks to repeal Airbnb law

What: the Institute for Justice has asked SCOTUS to review WOODCREST HOMES, INC., v. CAROUSEL FARMS METROPOLITAN DISTRICT,

Why? A developer formed a special municipal district, legally under state law, and then exercised eminent domain

What’s the private property right at issue? Whether eminent domain can be used by a private entity for the private entity’s benefit.

The Neighbor | Libertarian law firm asks SCOTUS to consider Colorado eminent domain case

Where: Tulsa OK

What project served as the catalyst for this private property rights group? A drainage proposal that the group believes disguises a redevelopment plan

Private Property Rights Group moniker: Save the Pearl Coalition

What end result does the group want? For the project to be prohibited from using eminent domain.

Institute for Justice | Save the Pearl: New Group Formed to Oppose Tulsa Development Authority’s Eminent Domain Plans

Where: San Antonio TX

What: Resolution opposing a pipeline’s use of eminent domain

What legislative changes are in the mix?

• No pipelines over the environmentally sensitive regions
• Give landowners and communities a stronger voice and more input for pipeline routes

Houston Chronicle | San Antonio becomes latest city considering anti-pipeline resolution

Where: Pennsylvania

What: PA’s Supreme Court ruled that a person may take by adverse possession land that is owned by a city

Is there anything unusual about the property?

• It was taken by eminent domain
• Nothing was built on the property
• The City did not maintain the property

The Court’s rational:

• Cities should have ” limited responsibility to monitor their properties at some point during the twenty-one-year prescriptive period”
• This will “promote the goals of municipal efficiency and the active and efficient use of the land by motivating municipalities to either use the retained property for the public benefit or sell it to the private individuals”
• If the city sold the property, the property could be “taxed for the municipality’s and the public’s financial benefit”

Obermayer | Whose Land is it Anyway? Pennsylvania Supreme Court rules that Municipalities are Now Subject to Claims for Adverse Possession

Where: Wyoming

What legislation? Draft legislation by WY Rep. Yin

How is the tax levied?

• On Property that is vacant 6 months or more per year
• Flate fee
• 5% of revenue stays with county
• 95% goes to the state Property Tax Refund Program 

Policy Supporting argument: This incentivizes more housing in the community by encouraging renting vacant houses

Have other cities tried this? YES

• Vancouver say a 15% decline in the vacancy rate
• Paris raised the tax rate on vacant homes

Jackson Hole News | Empty house? It could cost you

Where: Texas

What’s the issue: Senate Committees, Natural Resources and Economic Development Committee and Water and Rural Affairs Committee, will study ” the balance of private property rights and continued improvement in oil and gas infrastructure”

What can we expect? Recommendations that “ensure stability between private property owner protections and emergent oil and gas infrastructure.”

Why? Like other areas of the Country, Texas landowners and pipeline companies are at loggerheads over siting pipelines

Where: Washington State

What: a 2018 law that allows cities to require lenders to maintain properties that are in foreclosure

Why? To limit the number of blighted properties

Fairmont News | Fighting the blight of vacant buildings

Where: Storey County, NV

How did this come about?

• The owner of the Mustang Ranch is a developer at the Industrial Park
• This same person is also a Water District Commissioner
• This person signed development agreements as both the developer and the water district representative
• All employees of the Water District work and live at the brothel

The governance issue with the water district: Simultaneous Public and Private Benefit

Nevada Independent | For years, a public water district blurred the line between business and government — with a developer’s brothel workers at the helm

How did Houston based eminent domain uses catch pop culture? Eminent Domain is featured in Houston soul group, The Suffers, video for “Everything Here”

What other policy issues are included with eminent domain in this pop culture moment? Immigration & police brutality

Why? “But we have had friends who have lost their homes to eminent domain ’cause they didn’t have the same power as bigger developers. You never see how hard these people are working or what their backgrounds are and what happens to them once the cameras go away. So we wanted to present an insider view.”

Billboard | The Suffers Channel Grief, Frustrations Into ‘Everything Here’ Video: Premiere

What’s happening? In Colorado, an armed gunman broke into a home, took a 9 year old hostage, and after a 17 hour police stand off the police “blew up” the home

So how does the home owner get compensated when a governmental entity, like law enforcement, destroys your home when you committed no crimes? There is no compensation according to the 10th Circuit Court of Appeals

What’s special about this? Its like civil asset forfeiture, where both progressives and conservatives agree there’s a problem with taking an innocent person’s property without compensation

Washington Post | Police blew up an innocent man’s house in search of an armed shoplifter. Too bad, court rules

Above the Law | I Want This To Be A ‘Taking,’ Even Though It’s Not

Where: Newark, NJ

What: Newark is replacing old lead water pipes but is encountering unresponsive property owners

How did Newark react? Passing an ordinance that allows the city on private property to replace water pipes without the owner’s consent

What do legislators intend to do when they are back in session? Give cities like Newark legal protection to enter property and replace lead pipes

North Jersey | Lead in NJ water: The murky problem between property rights and replacing pipes

Where: Savannah, Georgia

Who: Mayoral Candidate Regina Thomas

What: Property owners who need to fix up their properties shouldn’t have their land taken. There should be programs that assist homeowners to improve their property to city standards.

WTOC | Regina Thomas hopes grassroots movement lands her Savannah mayoral position

Where: Vermont

What: in 1964 a farmer barricaded himself on his property and set his property on fire after the property was taken for a highway

How will Vermont’s Department of Transportation memorialize this? It will take public input concerning a permanent memorial 

Times Union | Vermont to remember man who took his life fighting progress

what? Airbnb is rolling out a new “animal experiences”platform

supporters? Animal Advocates and Property Rights Supporters

Policy consideration? The program can bolster animal tourism

How does the platform address animal welfare? By adopting guidelines developed with World Animal Protection

Capital Public Radio | As California Cracks Down on Animal Captivity, Airbnb Offers an Alternative That Advocates Approve

Where: Pennsylvania

What is Pennsylvania saying about short term rental property managers? It is a violation of the state’s Real Estate Licensing and Registration Act & the PA Supreme Court will decide.

What did the short term rental property manager do?

• marketed the properties
• managed bookings
• collected payments

Philadelphia Inquirer | Airbnb property manager accused of violating law asks Pa. Supreme Court to weigh in on gig economy

Where: New Jersey

What happened? PennEast Pipeline Company is asking FERC to reverse a court ruling blocking the developer’s $1 billion, 116-mile natural gas pipeline 

What state agencies want FERC to say no?

• the Delaware and Raritan Canal Commission
• NJ Department of Environmental Protection
• NJ Board of Public Utilities
• NJ’s Division of Rate Counsel

NJ Spotlight | Three State Agencies Challenge PennEast’s Effort to Overturn Adverse Court Ruling on Pipeline

What eminent domain opposition alliance? Opponents to the Permian Basin pipeline through Texas Hill Country

Who is in the alliance?

• Texas rural landowners
• environmental groups
• conservative-leaning municipalities 

KTUU 2 Anchorage | Unlikely alliance fighting pipeline in Texas Hill Country

Where: Utah

The legislation: Draft amendment 2020FL-0182/013 (2019 | UT)

Property owner opposition arguments:

• eminent domain is a sharp tool
• eminent domain is very heavy handed
• “goes against my belief in private property rights”

What limiting options also failed?

• limiting the use of eminent domain to large urban areas
• tax incentives including extending the time to 36 months for reinvestment of any proceeds from an eminent domain purchase

Salt Lake City Tribune | Utah lawmaker floats use of eminent domain for trails but runs into barriers

• State should stay out of local business
• The bill, HB 288 (2019 | OH), is too broad
• Interferes with existing plans for parks that are not yet built

Galion Inquirer | Should eminent domain be used to secure land for recreation trails?

Where: Texas

Who: Drew Springer

What is he saying?

• “I’d say 90 percent of Republicans think like we do,” Springer said. “There’s the middle two percent that want to stir the pot on everything and are keeping a lot of things from getting done.”
• “Springer said those two percent are keeping 1,400 oil wells in the Permian Basin from becoming operational which means the U.S. has to rely more on the Middle East for its oil.”
• ” It also lowers the tax base in Texas.”

Jacksboro Herald Gazette | REP. SPRINGER HOSTS JACKSBORO TOWN HALL

Where? Columbia, SC City Council

How would the vacant building registry work?

• initial registration is free
• after 1 year, non-residential buildings would have a $100 fee
  • after 2 years $500
  • after 3 years $1000
• after 1 years residential property owners would pay $50 fee
  • after 2 years $250
  • after 3 years $500

WLTX 19 | Columbia City Council approves vacant building registry ordinance

Where? Freeport Texas

Why is Freeport Texas important to eminent domain laws in Texas? An eminent domain issue in 2004-2005 was touted as a prime example of 2005 eminent domain reforms

What is happening in Freeport Texas now in 2019? resolution supporting the necessity of the port of Freeport exercising eminent domain

Institute for Justice | Texas Eminent Domain Censorship

Western Seafood Co. v. CITY OF FREEPORT, TEXAS, 346 F. Supp. 2d 892 (S.D. Tex. 2004)

the Facts | Port Freeport proceeds with eminent domain of East End

Where: Moab Utah

What type of project would use eminent domain? A bypass to move bug truck traffic out of downtown

What is the campaign rational supporting the use of eminent domain? The safety risk of large tricks in the city’s downtown

The Times Independent | Six candidates, but what’s the difference?

Where? First, Anchorage, now Austin, TX

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

How much will be covered?

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

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

How did we get here?

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

What does AB 1680 do?

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

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

Where: Miami Beach

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

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

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

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

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

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

The Hill | 2020 Democrats embrace aggressive step on drug prices

Where: Florida

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

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

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

Where: Richland, Washington

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

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

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

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

KEPR | Richland widow suing city for right to renovate home

Where: Boise Idaho

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

Who will be on the advisory committee?

• local residents
• neighborhood leaders
• property owners
• realtors

What will the advisory committee be tasked with accomplishing?

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

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

Where: Arizona & New Mexico

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

What does Southwestern Communities Coalition support?

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

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

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

Where: Ohio

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

The legislation: HB 288 (2019 | OH)

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

Where: Sweden

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

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

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

Where is this legal brouhaha occurring? Texas

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

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

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

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

Where: Boca Chica Village, Texas

Who: Space X

How much is Space X’s offer?

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

Texas Standard | SpaceX Offers Buyouts To Boca Chica Homeowners

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

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

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

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

Where: Boise Idaho

What regulation would Boise require for short term rentals?

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

3 reasons Boise realtors oppose the regulations?

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

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

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

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

Does the platform provide insurance? No.

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

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

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

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

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

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

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

What Property challenges?

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

Governing | California Bullet Train Slowed by Unforced Errors

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

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

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

Where: Pueblo County, Colorado

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

What decisions will voters make?

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

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

Public Benefits of the rail line:

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

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

Where: Arizona

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

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

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

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

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

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

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

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

Albuquerque Journal | Eminent domain efforts for wall to be probed

The Opinion:

KP-0267 (2019)

Who requested the opinion?

Corrections Committee Chairman James White

What questions does the opinion answer?

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

The answers:

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

Where:

US -Mexico Border

Who:

Rachel’s Network

What is the target audience of Rachel’s Network?

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

How are funds being expended?

• Center for Biological Diversity
• Texas Civil Rights Project

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

Where:

California

What bill did not address raised eminent domain abuses?

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

How much redevelopment funding is in SB 5?

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

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

Where:

Utah

What is a “resolution of necessity”?

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

How much funding is included in a resolution of necessity?

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

Camarillo Acorn | City wants to strike deal with LDS church

Where:

Harris County TX

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

By passing resolutions supporting developments.

What is Harris County’s goal?

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

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

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

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

Where: Wisconsin

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

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

What entity benefited from the taking? FoxConn

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

Where: Detroit

Who: Sharing Detroit

Who is Sharing Detroit?

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

What affiliations? Not affiliated or supported by Airbnb

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

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

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

What start up is advancing blockchain property rights? Bitmark

Who is investing? WI Harper and DCG

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

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

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

How does park equity benefit cities?

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

Where is park equity taking root?

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

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

Governing | Parks for All

Where: South Padre Island

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

What fines can be imposed?

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

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

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

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

Where: Las Vegas, Nevada

What limitations on short term rentals exist in Las Vegas?

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

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

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

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

Where: North Carolina

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

Why was HB 645 vetoed?

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

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

Where: Longview Texas

What arguments are being used to revisit billboard ordinances?

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

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