Land Use & Property Rights

The new supporter of property rights in your online data? Bitcoin & blockchain advocates

What attributes of the current internet industry are highlighted by property rights supporters as a need for property rights in your data? 

• That companies are starting to act like gate keepers by censoring information
• Growth of implicitly state-controlled platforms like TikTok
• Consolidation of internet platforms into static oligopolies that limits an individuals ability to move their information freely

CoinDesk | Your Property Rights Should Extend to Social Media

• A House investigation that eminent domain is permitted in 99% of pipeline requests over the last 20 years
• That every property owner appeal to FERC in the last 12 years was denied
• Concerns from land owners
• A desire for open, fair and transparent process by the FERC chair

The Hill | Energy commission rule will delay pipeline construction during appeals process

Where: Iowa

What: An amendment to an existing medical malpractice bill sets up limited liability for meat packing plants and other employers relating to COVID causes of action.

Are there exceptions that permit a COVID lawsuit?

• if COVID required hospitalization
• if COVID caused death
• if the employer intended harm

What does the legislation require before immunity applies?

• that the business complied with any federal, state or public health guidelines or statutes related to COVID-19

Des Moines Register | Iowa House Republicans put forward plan to protect businesses, medical providers from COVID-19 lawsuits

Which eminent domain related issues are percolating on a pipeline project? The lack of PPE with pipeline construction workers

What specific issues are being raised by landowners? Construction related workers who are:

• not wearing masks
• not wearing gloves
• not following social distancing rules

Clean Technical’s | Oil Pipeline Projects Continue To Burden Landowners During Pandemic — Misuse Of Eminent Domain

Where: Colorado

What will be required of short term rentals in the new COVID rules?

• Must provide hand sanitizer
• Must provide cleaning products
• Mandatory 24 hour waiting period after a tenant has left to clean following CDC standards
• Requires any soft objects that are hard to clean, like pillows or extra throw blankets, be removed
• Guests who’ve been sick or been in close contact with someone with COVID-19 will have to cancel their stay. 

Colorado | Safer at Home: Short-term rentals

Monday: Birmingham Alabama removed confederate statues.

Tuesday: Alabama Attorney General sues Birmingham for removing the confederate statues.

What remedy does the Alabama Attorney General want from Birmingham for the alleged violation of the Alabama Memorial Preservation Act?

• $25,000 fine

Does this sound like deja vu? Yes, a similar statue fight went to the Alabama Supreme Court in 2017.

The Mayor said the fine is cheaper than the ongoing risks to the city from the demonstrations. A group of pastors has raised $60,000 to pay the fine.

CourtHouse News Service | Alabama AG Sues Birmingham for Removing Rebel Monument

NPR | Confederate Monument Being Removed After Birmingham Mayor Vows To ‘Finish The Job’

Where: Minnesota

What: SF 4255 (2020 | MN) would allow property owners to consent to a mobile unit to park on their property to distribute medicinal cannabis

How would this mobile distribution center work?

• require the property owner and cannabis distributor to agree to a specific time & place
• require a pharmacist to be present

Governing | Legislative Watch: The Cannabis Industry in the Age of COVID

The state: North Carolina

The legislation: HB 1174 (2020 | NC)

What’s the goal? Allow businesses to be compensated when they are closed, partially or completely, by a governor’s executive order.

How does the bill get there? Amend the state constitution to define a full or partial business shutdown by governor executive order as an inverse condemnation. 

Compensation contemplated: Loss of income + property losses

Winston Salem Journal | N.C, House bill would allow business owners to sue over shutdowns

The City: Denver

The issues raised by the Auditor:

• Lack of detail in the eminent domain policy
• Lack of detail in its communication with the Controller’s Office about eminent transactions
• Auditors believe details would limit the city’s liability
• Need for a deadline to record an eminent domain acquisition (one was recorded 1 year from the acquisition which was considered too long)

Colorado Politics | Denver auditor finds record keeping, communication deficiencies at city real estate office

Where: Missouri

What project has sparked this ongoing push to prohibit eminent domain for transmission lines? The Grain Belt Line which will move renewable energy through several states, including Missouri

What does the Missouri Farm Bureau want?

• That transmission companies negotiate with landowners for property/easements
• That the negotiations be for freely negotiated rates
• Align the property acquisition to the same standards as wind turbines

Ozark Radio News | Opinion: Legislative session marred by missed opportunity on property rights

How many states universally accept out of state occupational licenses for new residents? 1

Which state? Arizona

Are there limitations to Arizona acceptance? Yes.

• Must be licensed for 1 year
• No criminal convictions
• No disciplinary actions

Supporters say:

• Removes obstacles for spouses relocating to Arizona
• Removes unnecessary burdens on businesses
• Strict licensing requirements is a result of bullies serving on boards

Governing | Arizona Becomes the First to Recognize Out-of-State Job Licenses

Which Certificates of Need are likely on the policy chopping block? Certificates of Need for Hospitals and health care centers

Why? What are the policy reasons?

• Industry specific requirement that targets only healthcare
• Anti- Competitive to have to prove to a governmental entity that “your competitors don’t have enough capacity and there is an unmet need”

Who supports this? Institute for Justice

How many states have implemented a Certificate of Need requirement for health care facilities since the 1960s? 49. All except Lousiana

Governing | As Economy Reopens, a Push to Rethink Regulations

What did the appellate court say? Yes, Texas Central is a railroad thereby authorizing eminent domain authority

Up next: Appeal to the Texas Supreme Court

The Eagle | Opponents of Brazos Valley high-speed rail likely to appeal latest court ruling

D Magazine | Texas Central High-Speed Rail Wins Four-Year Court Battle

Where: North Dakota

What online property posting is being launched in North Dakota?

• Posting land for hunting access

Who will operate the online dates for hunting lands?

• The state Game and Fish Department’s online licensing platform

St. Louis Patch Dispatch | North Dakota launching online land posting app in 3 counties

Can local government commandeer property during an emergency in Texas?

No. Not going to happen without changing some laws.

What law needs to change? Government Code section 418.108

Can the Governor commandeer property during a disaster? Yes, Government Code subsection 418.017(c) specifically allows the Governor to commandeer property

KP-0304 (2020)

Question 1: Can local emergency orders include blocking property owners from accessing their 2nd homes?

Answer 1: No, unless a court determines that the local government is legitimately using its police power

Question 2: Can local emergency orders limit the use of 2nd homes by property owners?

Answer 2: No, and the Governor’s Executive Order states it supersedes local authority with this line: “any conflicting order issued by local officials in response to the COVID-19 disaster, but only to the extent that such a local order restricts essential services or reopened services allowed by this executive order . . .”

KP-0308 (2020)

Where: Missouri

What: SB 618 (2020 | MO)

What type of bill is this 3rd attempt of 2020? a bill about how gas companies deal with a government-mandated infrastructure surcharge

How was it added? In House committee and the House has approved the eminent domain prohibition previously this legislative session

Energy News | Missouri eminent domain bill takes aim again at Grain Belt Express project

Where: Big Daddy Zane’s, a bar in Odessa, Texas

Did the bar owner talk to the local sheriff? Yes, she says the Sheriff advise to keep the armed supporters out of sight

Where did the bar owner stage the armed supporters? On her private property “in the back”

CBS 21 | Arrests After SWAT Team Confronts Armed Protesters Supporting Texas Bar Owner Who Reopened Business

Where: Florida

What’s the lawsuit by short term rental owners about? By prohibiting short term rentals in the Florida Executive COVID Order, the Governor denied property owners use of their property

Did the Governor’s Order also close motels and hotels? No

Tampa Patch | Vacation Rental Property Owners Sue State For Coronavirus Losses

The State: Missouri

How did Missouri use federal COVID stimulus funding for meat packing? Allocating in the state budget $20 M to get meat packing plants up and running

What is the Missouri Cattlemen’s Association saying? “production has slowed as plants spread out workers for social distancing.”

KRCG | Missouri senators set aside $20M for meat packing plants

Cities that are considering removing minimum parking space requirements:

• Los Angeles
• San Francisco
• Austin has waived the requirement
• Seattle gives out transit passes rather than requiring on-site parking at each residential building
• Dallas is turning parking lots into parks

How has parking been impacted by COVID? Demand down 90% since mid-March

What companies are innovating parking space industry?

• Parking Spotter
• Spacer
• SpotHero
• Curbstand via a valet solution
• AirGarage
  • Partners with churches, hotels, restaurants- allowing the church or business to retain 70% of parking space rental fee

How have they pivoted after COVID?

• Utilizing parking spaces for pop-up grocery stores
• Empty parking lots have become pop-drive ins

The Hustle | Will COVID-19 change the parking business?

What legal question needs clarification in Texas?

• May a school district lease property when the lease is:
  • to a private party
  • the value of the lease exceeds the value if the district sold the property
  • the property will be used for non-educational purposes

RQ-0350-KP

Where: Gunnison County, Colorado

What: On April 3rd the County ordered owners of second homes in the county to leave or stay away

Supporters say: Local governments have police powers to protect health and safety. The County has one of the highest rates of COVID and limited hospital resources.

Opponents say: Violates the rights of Americans to travel freely

What did other Colorado local governments do?

• Aspen: Self quarantine for 14 days
• Clear Creek County closes to out of county visitors

Colorado Sun | It’s unclear if Colorado counties can legally evict visitors to slow coronavirus. But one is doing it anyway.

Which State Attorney General: Texas

What question will the Texas Attorney General answer?

• whether a local governmental entity under an emergency declaration has the authority to (1) prevent an owner of a second home from occupying their property and (2) limit occupancy of housing based on length of the occupancy’s term.

RQ-0352-KP

Where: Florida

What: SB 410 (2020 | FL)

How did SB 410 begin? As a requirement that local governments include private property rights in their comprehensive plans

What does the bill do now?

• Prohibits counties from making any land use decision “that serves as a limitation” on a cities’ land use and zoning practices.
• Cities can offer express consent for the county’s land use decisions
• This need to express consent applies to current city limits but also any land that may annexed by a city
• Applies to counties under 750,000

Florida Today | Our view: Governor should veto overloaded SB 410, which invites brawls on land use decisions

The Texas Attorney General Opinion Request: RQ-00348-KP

Who requested the Attorney General Opinion? The Commissioner of Banking

What question will be answered? whether a licensed PEO ( a staff leasing company) that collects payroll funds in advance from an employer-client to be remitted to covered employees at a later time is subject to the licensure requirements ofthe Money Services Act ifthat entity holds a PEO license under the Labor Code.

Why did this issue pop up?

• Texas Department of Banking also regulates PSPs, payroll service providers 
• traditional PSPs receive compensation from Texas employer-clients in exchange for the receipt and subsequent transmission of payroll wages and taxes to employees
• traditional PSPs require a money transmission license

The Attorney General Office: Texas

What question will Texas Attorney General Opinion answer? Whether or not Dallas County Commission has authority to change interest rates charged by pawn shops

What limitations did Dallas County Commissioners impose on pawn shops?

• Limit customers to 1 in the facility at a time
• maximum 15% APR
• extend how long a pawn shop must hold property
• with penalties of up to 180 days in jail and a $1000 fine

RQ- 0347- KP (2020)

State leaving beach closures to local officials: Texas

State closing beaches statewide: Florida

Did all local entities close Texas beaches? No

•  City of Galveston closed since March 29 
• Non incorporated Galveston opened beaches on April 13th
• Galveston Island State Park re-opened as all state parks did by Governor declaration on April 13th
• Corpus Christi beaches closed for Easter weekend, continue to be open until 8 p.m. daily
• South Padre Island beaches are only open for “active exercise”
• Rockport beaches are closed until April 30

Did Florida pivot to locals for re-opening? Yes, the decision to re-open will be that of local officials

Spectrum news | Florida Beaches Facing Criticism but Some in Texas Never Fully Closed

Where:  Illinois’ Naperville Park District

How is the park district adopting esports while athletic fields remain closed?

• created a six-week eSport competition 
• based on  Rocket League
• open to players of all ages and all skill levels
• no cost for participation

Benefits of incorporating esports into parks?

• not every parent can cover the cost of sports
• gender and disabilities become irrelevant in virtual games

What virtual classes is the park offering?

•  virtual services at NaperParks2You
• dance lessons
• yoga for children
• art, nature and learning activities
• Zumba class for seniors

Governing | Parks District Goes Virtual

Which property rights advocates? The Institute for Justice

What COVID related reforms is the Institute for Justice working on?

• Regulatory barriers for professional licensing
  • Medical licenses scope of practices issues identified in 7 states: CA, TX, FL, GA, NC, VA, OK
• Regulatory barriers for small businesses
  • Supporting Michigan independent garden centers and nurseries ability to operate during COVID
• Limit government overreach during the crisis

Institute for Justice | Opening Opportunities and Fighting Abuse — IJ’s Response to the COVID-19 Crisis

Where: San Francisco, CA

What: The city has been paying for hotel rooms. City Controller estimates that the 7,000 rooms could cost over $105 M over 90 days

What’s Phase 2? Commandeering hotel rooms which prompted this memo from the City Attorney Office

Curbed San Francisco | SF mayor, county may seize private buildings for coronavirus relief

Where: California

What new rules may be imposed on restaurant owners?

• disposable menus
• temperature testing patrons
• increased cleaning and sanitation
• reduced in restaurant capacity
• mask requirements for what staff

Sacramento Bee | Disposable menus and temperature checks. A new normal is coming when COVID-19 restrictions lift

California Governor listed 6 factors to consider in re-opening the state for business:

• Expanding testing
• Protecting high risk groups, including seniors, the medically vulnerable and people in facilities like nursing homes
• Ensuring hospitals have enough beds and supplies to care for patients
• Progress in developing treatments
• Ability of schools and businesses to support physical distancing
• Ability to decide when to reinstitute stay-at-home orders if needed
  

The 3 that concern property rights:

• whether schools can support social distancing
• whether businesses can support social distancing
• the ability to have additional stay at home orders (which may or may not trigger compensation)

Sacramento Bee | California will look at 6 factors to determine when stay-at-home orders will loosen, Newsom says

Where: New Jersey

What does the Executive Order permit?

• The New Jersey Civilian Defense and Disaster Control Act allows the Governor to permit the taking of property with compensation
• Including the state commandeering/taking personal services by the State Director of Emergency Management

How will compensation be decided for these takings?

• The Act allows the Governor to establish emergency compensation boards in each county
• Each county board will have 3 persons appointed by the Governor 

New Jersey Governor Executive Order 113 (2020)

Where: Florida

Why are courts are deciding whether the Governor can be forced to close beaches statewide?

• The Governor only closed beaches in Broward and Palm Beach counties
• Local officials would like to close other local beaches
• Property Rights activists got involved
• Lawsuits ensued
  • Uhlfelder v. DeSantis, Fla. Cir. Ct., 20-CA-552, 4/7/20
  • Mike Huckabee, filed a federal lawsuit on Monday over local beach closures that they claim violate their privacy and private property rights.

Bloomberg Law | Florida Judge Won’t Force State Beach Closures to Halt Virus

What government actions support the government taking hotel rooms?

• Presidential Declaration included the Stafford Act authorizes FEMA to exercise the right of eminent domain to acquire both physical facilities and supplies
• California Governor’s executive order allows the commandeering of any hotel or medical facility in California and use it to treat COVID-19

Compensation? Yes, but is limited to applicable federal law, state law, or the agreement a hotel reaches with the government.

Hotel Management | Can the government commandeer hotels to fight COVID-19?

Where are drones being used as a method to combat the pandemic?

• France, Italy & China use drones to monitor public places
• Chula Vista, California is using drones to communicate with people who live in remote areas
• Police in Derbyshire, U.K. has used drones to take photos of people engaged in nonessential activities like at the beauty shop

How are state legislative acts matching drone use for pandemics?

• Drones will require warrants, without an exception for pandemics in Minnesota SF 3704 (2020 | MN)
• Tennessee’s SB 1791 (2020 | TN) allows drone use by law enforcement without a search warrant to investigate the scene of a crime or to “enhance security” of public events attended by more than 100 persons. Video of public events must be posted online within 1 day.
• New Jersey Assembly bill A2301 (2020 | NJ)  prohibits law enforcement from using drones for surveillance
• South Dakota bill, HB1059 (2020 | SD), signed by the governor, makes it a misdemeanor to use a drone “to kill or attempt to kill a wild bird or animal,” or to use one to locate, spot or drive prey.

Governing | Legislative Watch: The Rise of Drones During the Pandemic

KP-0297 (2020) clarifies which licensing agency has authority when a physician, a retailer and an optometrist co-exist in one space.

The takeaways:

• Physicians without a doubt can practice optometry
• just because an act is done at the physician’s direction does not create a blanket exemption from the Texas Optometry Act 
• without this view, the Optometry Act is negated, an optometrist remains regulated by the Optometry Board.

How did Dallas begin taxing short term rentals? When a company the City hired to collect back taxes sent bills for unpaid hotel occupancy tax to short term rental owners

How will Dallas collect the hotel tax from short term rentals moving forward?

• hosts will pay quarterly taxes
• will not allow rental apps to collect the tax like the State of Texas and other municipalities do

How will regulation move forward? A task force will make recommendations to City Council

What are the challenges?

• Distinguish between individual property owners &  corporate entities operating multiple properties
• San Francisco-based Sonder intends to rent an entire 27-story apartment building in Uptown and run all 270 units as short-term rentals for 10 years

Avocate OakCliff | How will the City regulate Airbnb rentals?

Who is asking for an attorney general opinion? The Hood County Attorney

What questions does the Hood County Attorney want answered?

• May local governments commandeer private property under Government Code Section 418.108, when this authority is only vested in the governor under section 418.017(c)?
• Is temporarily closing business or access to a business a depravation of private property without the due course of law under the Fourteenth Amendment to the U.S. Constitution and Section 19 of the Texas Bill of Rights? 
• Are the state and local executive orders unconstitutional under the Texas and United States Constitutions?

RQ-0342-KP

Where: San Francisco

What: A “swanky” tennis club slated to be redeveloped will temporarily house homeless to limit the spread of coronavirus.

San Francisco Chronicle | Swanky San Francisco tennis club to become homeless shelter during coronavirus outbreak

In KP- 0296 Texas Attorney General offers this rational for including firearms sales as an essential business:

• Cities and local governments are limited by this phrase in the Texas Local Government Code: “notwithstanding any other law.”
  • This prevents local governments from restricting the sale of firearms
• Texas Government Code also limits local government ability to interfere with firearm sales in times of emergency

Update to : Texas Attorney General Opinion: Essential Business? What is it?

What question will the Texas Attorney General will answer?

whether a firearm retailer is an essential business for purposes of an emergency declaration

Who requested the opinion? State Representative Dustin Burrows

RQ-0341-KP

Who: Institute for Justice Clinic on Entrepreneurship at the University of Chicago

What: www.ShopInPlaceChi.com

How does it work? Connects people to neighborhood small businesses that are still selling products essential for residents sheltering at home

Institute for Justice | ShopInPlaceChi.com Helps Chicagoans Track Local Small Businesses Offering Essential Products

Airbnb is offering “free or subsidized housing” for 100,000 people working as frontline healthcare.

How will the offer be executed?

• fees will be waived
• include new protocols around cleanliness to account for COVID-19
•  minimum of 72 hours between stays
• a fund established for those who want to provide monetary support, with 100 percent of all proceeds going to nonprofits working on COVID-19 relief
• partnerships with Red Cross, the International Rescue Committee, the International Medical Corps & other non-profit groups

TechCrunch | Airbnb to provide free or subsidized housing for 100,000 COVID-19 healthcare workers

3 Reasons for no compensation for COVID-19 shutdowns?

• Precedent. US Supreme Court precedent doesn’t support it. Remember Kelo?
• Police Powers. Government has police powers to protect health & safety that are excepted from the Takings Clause
• History. During the 1918-19 Flue epidemic, the last time of a health epidemic, there was no compensation.

Reason | Does the Takings Clause Require Compensation for Coronavirus Shutdowns?

What is the Legal Footing Behind Governor Abbott’s Coronavirus Executive Order? | The Texan

What question will the Texas Attorney General will answer?

whether a firearm retailer is an essential business for purposes of an emergency declaration

Who requested the opinion? State Representative Dustin Burrows

RQ-0341-KP

The Attorney General Opinion: KP-0294 (2020)

What question did the Attorney General Opinion answer? Whether real estate inspectors need regulatory go ahead from the State Plumbing Board to conduct camera inspections of sewer lines.

Why is this an issue? The Texas Real Estate Commission passed a rule requiring inspectors to also have a plumbing license & the State Plumbing Board defined service of a plumber to include camera inspections

The answer: The Plumbing Board rule goes too far because it impermissibly imposes an additional burden, limit, or condition in addition to what the Legislature has required

The legislation: SB 1079 (2020 | CA)

What would SB 1079 do?

• Allow cities to impose vacancy taxes on housing that is vacant for more than 90 days
• Allow the cities to use eminent domain to use the property for affordable housing

Has this been tried another cities? Yes,

• vacancies dropped 22% in Vancouver
• Vancouver also provides the following 3 types of property owners varying exemptions from the tax:
  • Individuals
    Land under development
    Corporations, trustees and business partners

Cal Matters | Could vacancy fines ease California’s housing crisis? Vancouver tries it, with mixed results

2 types of property that can be condemned under a federally declared emergency like the COVID19 declaration:

• real property for physical facilities the government may need
• supplies such as medicine, food, equipment, parts, etc.

What allows the condemnations? The Stafford Act

Lexology | Faegre Drinker Biddle & Reath LLP | Condemnation and COVID-19: When National Emergencies and Eminent Domain Collide

Do municipalities have authority to set the amount of time a pawnshop holds personal property? No

Do municipalities have the authority to require pawnshops to electronically report personal property to law enforcement? No

Why?

• Texas Pawnshop Act preempts municipal regulation
• Section 371.005 specifically gives the Legislature exclusive authority over the operation of pawnshops
• The ordinance also expressly conflicts with administrative regulations authorized by the Pawnshop Act

Is there wiggle room for municipal regulation? yes

• municipalities can regulate things related to pawnshops that are not the operation of the pawnshop
• municipalities can reduce the amount of time pawnbrokers must retain purchased goods to less than 20 days

KP-0293 (2020)

Where: Rhode Island

What: Specify that eminent domain can be used for airspace easements by the state Department of Transportation to remove trees and other property that obstruct incoming aircraft at the state’s five general aviation facilities

Why legislation? conform eminent domain laws to FAA mandates

Newport this week | Proposed Legislation Creates Airspace Easements

Why is there opposition: “People in the middle are getting all of the negative and none of the positive,”

What has Congressman Brady said?  “My concern is not with the concept of high-speed rail. I just want to make sure our communities are protected.”

What would allow the company to use eminent domain? Approval from the state to operate as a railroad

What Texas Central Rail is saying about eminent domain: “Our goal is that payments go to landowners and not attorneys.”

Dallas Morning News | How many landowners are fighting eminent domain in the bullet train project? Curious Texas investigates

How is the federal government incentivizing eminent domain? By tying federal climate change funds to local governments agreeing to use eminent domain to remove homeowners from flood zones

New York Times | Trump Administration Presses Cities to Evict Homeowners from Flood Zones

How would an eminent domain bill help hospitals?

• When a hospital is being sold, for bankruptcy or other reasons
• The bill would ensure hospital real estate owners can’t block hospitals from continuing to serve the community

Becker’s Hospital Review | New Jersey officials slam Alaris Health owner for blocking hospital sale

Illinois is proposing a court-appointed system of advocates in animal cruelty cases.

The legislation: HB 3995 (2020 | IL)

How would the court appointed animal advocates work?

• The list would be compiled by the Dept. of Agriculture
• It would include pro bono attorneys and law school clinics that can offer pro bono legal services
• The advocate would ” represent the interests of justices regarding the health or safety of the dog or cat”

Opponents say cats and dogs are a property right.

The Hill | Protecting the most vulnerable: A proposed law to create animal advocates

Where: Arizona

What: Since 2016 has had taste preemption over short term rental ordinances, chipping away at this preemption is HB 2875 (2020 | AZ)

How will HB 2875 limit preemption?

• Allow cities to limit the number of people who can occupy a house to 2 per bedroom
• Allow cities to require the installation of safety and noise-monitoring equipment
• Allow cities to require that renters use any available off-street parking

Tucson | Arizona House votes to restore some local rights to regulate short-term rentals

In March 2020, San Francisco, California voters approved the Balanced Development Plan to tie office space development to affordable housing goals.

What does this mean? No more available office space, if affordable housing goals are not met in San Francisco.

What did the City’s economist say about the proposition?

• it will cost the city tens of millions of dollars in revenues
• it will cost the city thousands of jobs per year
• it will limit the city’s GDP growth by tens of billions over the next 20 years

San Francisco Balanced Development Act

If this isn’t a mouthful- disincentivizing gun free zones to strengthen property rights.

Who is saying this? A Republican Minnesota State Rep.

So what does he want to do to disincentivize gun free zones? Allow anyone injured by a gun on property that has established a gun free zone to be able to sue the property owner.

HF 3051 (2020 | MN)

The Neighbor | Legislator’s bill would disincentivize gun-free zones

Where: Georgia

What is Georgia’s HB 523 (2020 | GA) goal? To differentiate between a homeowner who wants to rent out their house for a total of less than 30 days & long term rentals, for properties that are rented for cumulative periods that exceed 30 days.

How did the bill address this? By defining “short term rental” and “long term rental”

Georgia Recorder | Lawmaker rethinks bill to prevent local short-term rental restrictions

Where: Colorado

The legislation: HB 20-1202 (2020 | CO)

How would it work?

• Before a park owner can sell. 1 year advance notice to residents.
• Resident Opportunity to purchase. The notice to residents must include a reasonable offer for the land.
• 3 month opening to buy. for the mobile home residents

Denverite | A proposal to help mobile home owners buy their parks advances at the Capitol

Where: North Smithfield Rhode island

What: City Council was considering a tree protection measure, but defeated the measure

What did opponents to the tree protection measure say?

• overreaction to a 400-acre solar project 
• more difficult for landowners to take down trees on their property that pose a hazard during storms
• we don’t want to restrict how landowners use their land

The Valley Breeze | Citing property rights, council rejects law to protect trees

Where: Michigan

Is this a new issue for the Michigan Legislature? No.

The legislation for 2020: HB 4035 (2020 | MI)

The goal: Prohibit cities from enacting dog breed specific bans

What have other states done to address dangerous dogs?

• 8 states prohibit any local breed-specific regulations
• 13 prohibit breed-specific classification of dogs as dangerous

Michigan Live | Pit bull ban debate reemerges in Michigan legislature

Where: Illinois

What: HB 4704 (2020 | IL)

What entities would have regulatory authority over gardens? State and local officials

What specific regulatory authority?

• restrictions on water use during droughts
• property set backs
• maximum lot coverage
• utility safety
• fertilizer use
• invasive species control
• regulated substances like hemp and cannabis

Illinois Leaks | State Representative Harper wants to give State and local government the power to regulate your garden

Who: Missouri Farm Bureau

What reasons does the Farm Bureau give for eminent domain not being for sale in Missouri?

• Eminent domain isn’t for projects that enrich the owner, that’s not a public benefit
• There is no public benefit for the flow of goods or things through a state
• An eminent domain project that has no clear public benefit but pays local governments to support local public use projects is nothing more than corruption

Missouri Times | Opinion: Eminent domain is not for sale in Missouri

Where: Wisconsin

What does Wisconsin’s Right to Build legislation allow? owners of waterfront property would have the right to build docks and other structures even on other people’s land

How does the bill address the right to build on water front property over another’s property?

• owner of land abutting a navigable waterway “is presumed to be a riparian owner” (OWNER A)
• OWNER A is entitled to the same rights as OWNER B “even if the bed of the waterway is owned in whole or in part by another, unless those rights are specifically prohibited by the deed to the land.”

Who is backing it? Realtors

What exceptions are included?

• special protections for hydroelectric dam operators to
  • deny dock requests
  • charge “reasonable” fees
  • impose restrictions to comply with state & federal dam regulations

Wisconsin State Journal | The right to build on others’ land: Realtor-backed bill undoes Supreme Court ruling on docks

California is considering AB 2367 (2020 | CA) would require insurance companies to cover homes in wildfire risk areas

Why is the legislation necessary? Wild fire policies are being cancelled by insurers

What else is included in the legislation in addition to the required policy coverage option?

•  state will develop standards for reducing fire risks
• applies only to existing homes
• will discourage new developments in fire-prone zones
• homeowners and entire communities must “harden” properties against wildfires

California Insurance Commissioner | Mandatory Moratorium on Non-Renewals After Recent Wildfire Activity

Sacramento Bee | California would force insurance companies to cover homes in wildfire zones under new bill

Arizona House has passed HB 2084 (2020 | AZ) that would allow private property owners to build a wall without permitting.

The Daily Courier | Arizona House: Border-dwellers can build walls without permits

State Legislation. Border Walls on Private Property.

• January 9, 2020

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

Where: California

Constitutional Proposition creating the Right to Build would:

• address the housing affordability crisis
• encourage rapid building
• prevents builders from offloading costs onto 3rd party residents
  • costs: necessary private roadways, roadway repairs, and/or utility connections
  • costs could be born by a private associations

The Independent Institute | A Proposed California Constitutional Amendment to Resolve the Housing Affordability Crisis

Where: Oregon

What: SB 1536 (2020 | OR)

How does Oregon’s SB 1536 protect private property while tackling wildfire prevention?

• Creates a program for the state fire marshall to work with local non profits
• the local non profits will educate property owners on plants and clearing lower limbs on trees in a 100-foot perimeter around a home.
• There will be NO FINES. Only education.

KATU | Oregon Legislature considers bill to work with homeowners ahead of wildfire season

What? China has granted 2 cities the power of eminent domain to stop the spread of Coronavirus

To acquire the property, the cities have to do 3 things:

• provide official requisition documents to the property owners
• return the items, as necessary
• compensate owners, as necessary

South China Morning Post | Two of China’s biggest cities given power to seize private property to help stop spread of coronavirus

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