Monthly Archives: November 2016

Private Property Rights. Inverse Condemnation for the Birds.

How was Florida land effecively taken by regulation? By first limiting development to 1 house per acre, then 1 house per 10 acres, and finally by designating the land a bird rookery. 

What’s happening with the land now?

  • Heirs to the original land owners continue the legal battle
  • The Florida Supreme Court could rule next
  • Legal foundation attorneys representing the landwoners vow to fight to the U.S. Supreme Court

Florida Watchdog | Family asks Florida high court to lift bird ban on…

Land Use. Municipal Management District Recommendations for 2017.

The Senate IGR Interim Committee Report has a laundry list of municipal management district (MMD) reforms. Here’s what you need to know:

  • Notices to create a MMD must be before legislation is considered
    • This is a change in committee policy
  • New MMDs that overlap also require notice to TCEQ
    • This is a change in committee policy
  • If property owners are annexed into an existing MMD, notice needs to be the same as when the MMD is created
  • New MMDs should ahve a 2nd notice when the new MMD…

Annexation Recommendations from IGR.

IGR Interim Committee Report skips specific recommendations and offers 15 broad recommendations for handling local governments:

  • The legislature should consider providing consistency and eliminating the possibility of variances by strengthening the uniformity in ordinance procedures and standards.

  • The legislature should improve transparency and find a more appropriate balance between drafting ordinances and providing ordinance information to voters by supporting reforms that…

3 Recommendations for Eminent Domain Reform. Senate State Affairs.

Senate State Affairs Committee Interim Report offers the following recommendations for eminent domain reform:

  • Property Owner must be fairly compensated. Offers are often unfair, below market.
  • Property owners must be able to recover all or a portion of the costs that they incur
  • Amend the landowner bill of rights to:
    • clarify that some property may be included that the condemnor has no legal authority to condemn
    • offers should separate property that the condmenor wants to purchase and an…

Eminent Domain as Blight Leverage? Lessons from a Peachy City

the City: Savannah Georgia

What legislative change does Savannah want?

  • To Charge a blight tax

What do local community leaders want to help blight?

  • To be allowed to use eminent domain to enourage property owners to clean up properties as a way to help the property owners who live near the eyesores.

WTOC 11 | Savannah leaders looking at eminent domain to address chronically blighted property

 

3 Private Property Rights Arguments Against Northern City Regulation of Home Sharing

The City: Chicago

The Current Ordinance Status: Enacted. Full effect December 2016. 2 pending lawsuits involvling the Liberty Justice Center and Goldwater Center. 

The private property rights challenges raised against the ordinances:

  • extra tax on home sharing
  • limit on number of units in a building that can be rented through home sharing platform at a given time
  • property hosts must maintain records on guests

Chicago Tribune | Chicago’s Airbnb home-sharing rules are ‘draconian,’…

3 Pieces of Intel. Each New Texas Legislator.

+26 House: 

  • Valoree Swanson
    • Baylor. Concerned Women of America. Real Estate Broker.
  • Shawn Thierry
    • Attorney. Howard Univ. & South TX College of Law. Big Borther Big Sisters.
  • Mary Ann Perez
    • U of H. Insurance. Former HCC Trustee.
  • Jarvis D. Johnson
    • Former Houston Council Member. Restraunteur & Consultant African Trade. Texas Southern.
  • Tom Oliverson
    • Anesthesiologist. Home Schools. Baylor College of Medicine.
  • Briscoe Cain
    • U of H. South Texas College of Law. Raised working…