Monthly Archives: June 2016

Property Rights. Sharing Economy. INTERIM. TREND. Local Short Term Rental Rules from the Midwest.

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

  • This is about a new economy.
  • Chicago is racing to keep up with new economic drivers.
  • “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

  • Different types of residences are regulated differently
    • a building with 5 residences, only 1 can be used for short term rental at a…

Legal Trend: Appeals Court denies Eminent Domain Authority to Pipeline. The 3 Private Property Rights Arguments.

Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court

What argument is made to deny eminent domain authority to the pipeline? 

  • The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
  • Plus, the pipeline is interstate
    • so it can’t be regulated by the state
    • and, there is no interstate eminent domain…

3 Economic Impacts to City of New London, Post-Kelo.

  • The land taken for the infamous Kelo case, remains largely undeveloped and thus not an increased tax revenue source
  • The job creator, Pfizer, left before its property tax exemption expired, and would have increased its taxes by 400%
  • New London lost 1,500 jobs when Pfizer left

Legal Solutions via Reuters | TODAY IN 2005: SCOTUS DECIDES KELO V. CITY OF NEW LONDON

Lege Trend: Eminent Domain + Redevelopment + Blight = Property with lower than state average income.

Which large western state utilizes redevelopment agencies that have eminent domain authority? California 

When did redevelopment use of eminent domain slow? During the financial downturn

Which use of emient doamin garnered the ire of property rights advocates in California?

  • The use of eminent domain 
  • To transfer private property to another private party
  • The transfer, used by school districts & local governments, was to increase jobs or increase tax revenues

What’s the California…

Lege Trend. Constitutional Right to Farm. Constitutional Eminent Domain Protection for Farmers.

Which state has a constitutional right to farm on its November 2016 ballot? Oklahoma

What eminent domain protections does it include?

“The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest. Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain,…

Sharing Economy. Home Share Regulations. Austin Lawsuit. Be Informed. 5 Bits Intel.

Who filed suit against the City of Austin short term rental ordinance? Texas Public Policy Foundation

What’s the goal of TPPF?  No licenses for property owners who lease out property for less than 30 days

What 2 constitutional rights are alleged in the lawsuit? The Right to Assemble. The Right to Privacy. 

How does TPPF address the argument that short term rentals are nuisances? That the city data does not support the city’s claim that the nuisances warrant special regulation

How…

INTERIM. 4 Ways Eminent Domain is Destroying Texas Landscapes

Let us count the ways that eminent domain is destroying land, irreplaceable landscapes and precious natural resources in Texas:

  • Private companies using land for profit
  • utilities and infrastructure running rampant
  • The proliferation of MUDs
  • MUDs serve private developers 

Wimberley Valley Watershed | How Eminent Domain Abuse is Destroying Texas’ Most Valuable Landscapes

INTERIM. Precondemnation Access. Eminent Domain. The Attorney General Opinion to Answer it All.

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

  • surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
  • pre-condemnation access can…

State Prohibits Eminent Domain by Private Entities. 3 Key Points about the Committee that may Revive Eminent Domain.

Which state legislature has formed a Pipeline study group to recommend eminent domain reform? Georgia in coordination with its year long prohibition on eminent domain by pipelines

What is required of the 13 members of the Pipeline Study Group?

  • Between June- December hold up to 5 hearings
  • Issue a report by December 31, 2016
  • Examine whether petro-pipelines eminent domain powers are:
    • prudently exercised
    • responsibly conducted
    • consistent with the state’s essential public interest

Who…

Campaign TREND. Property Rights Advocates Protest Trump.

Private property rights protestors are protesting a Trump campign fundraiser in Atlanta.

Call it bad timing: The Trump fundraiser is occuring when a national convention of private proeprty rights advocates are gathered in Atlanta for the “Pipelines and Eminent Domain Strategy Session.”

Bold Nebraska | Eminent Domain Advocates to Protest at Trump Rally in Atlanta