Monthly Archives: April 2017

Lege Trend. Southern State Wants to Tax Home Share Rentals. 3 Key Bits of Information.

State: Mississippi

The tax proposal on home sharing: 

  • is triggered if a person rents out their home, or a portion thereof for less than 90 days
  • must remit 7 %state sales tax on gross revenue from the rental and related charges
    • other charges include: such as soap, coffee, food or other amenities
  •  requires collection and remittance of any applicable local government “hospitality” taxes

Clarion Ledger | Mississippi Dept. of Revenue pushing to tax Airbnb, other rentals like hotels

Private Property Rights Trend. Great Northwest. Sharing Economy Regulations with Ownership Limit.

City: Seattle

The proposed home sharing ordinance:

  • requires hosts to get a short-term rental operator’s license with the city
  • no city restrictions on the number of nights on a primary residence
  • hosts can own 2 properties within seattle under the ordinance

NBC K5 Western Washington | Seattle Councilmember proposes Airbnb regulations

Eminent Domain Legal Case vs. Right to Carry. 2nd Amendment vs. 5th Amendment.

In competing constitutional rights, the Dakota Access pipeline protests, which have had violent moments, is placing the following security measures in place for the legal fight:

  • No guns
  • No knives
  • No video cameras
  • No signs, posters or banners larger than a standard sheet of paper
  • No  noisemakers
  • No backpack
  • No large bags
  • No containers and coolers

News Channel Nebraska | ‘Security Measures’ Planned for Pipeline Hearing

Legal Trend. What happens when a state defines private property right as a "fundamental right?"

The state: Virgina

The legislative action at issue:  In 2003 the VA Constitution added:

 “That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”

The VA Supreme Court: What happens if the Court rules that the right to private property is fundamental:

  • shift zoning cases to judges, from local governments
  • zoning cases will have heavier scrutiny
  • court dockets would be clogged

News Leader | How…

How to use Eminent Domain When a State Agency has no Eminent Domain Authority.

The agency: Texas General Land Office

The land: Rollover Pass on the Boliver Penninsula

The entity using eminent domain: Galveston County

Where are the courts? County Court-at-Law Judge ruled in favor of the use of eminent domain. The next phase will be detemrineing value.

Beaumont Enterprise | Court order could doom Rollover Pass

Private Property Rights. Short Term Rentals. Republican in Sunshine Breaks Ranks. Makes 3 Points.

The Republican Chairman of the Regulated Industries Committee that heard Florida’s proposed statewide short term rental bill said the following in opposition to the bill:

  • He’s an advocate for local control of vacation rentals
  • He offered an amendment to preserve local control, his county attorney opposed the amendment
  • He brings the bill up for a vote, and votes no. There were more than ample ayes to pass the bill.

Palm Coast Observer | Florida State Senator Travis Hutson | Here’s what’s…

Private Property Rights. When a State Limits Mining Methods on Federal Lands.

State: California

Mining Method banned by state law for mining on federal lands: suction dredge mining

The property right interest: mining claim

What can state laws do in this case? State laws can supplement federal laws but cannot friustrate federal laws

Is this getting addressed by policy?regulations? statutes? courts? The US Supreme Court will consider whether to hear the case.

 

Pacific Legal Foundation | Briefing complete on cert. petition in Rinehart v. California

Eminent Domain Issue Du Jour: The Border Wall. 3 Property Rights Trends Emerging.

  • New kid on the block defending property rights on the border: Texas Civil Rights Project
  • The border wall would trigger a federal use of eminent domain, and not Texas’ use of eminent domain
    • An alleged leaked memo says an actual fence will be built on roughly 36 miles of land in the Rio Grande Valley
  • In 2006 when a wall was last attempted, 100s of lawsuits were filed 

 

Valley Central | Border wall plans spur effort to help Texas landowners with eminent domain

Lege Trend. Eminent Domain & Property Owner Compensation. How Does Texas Measure Up?

Compensation & Valuation:

  • TX + 28 states use the Broad Instruction Approach
    • Broad Instruction Approach provides minimal instruction on compensation
  • 17 states use the Factor Based Approach
    • Factor Based Approach specifically lays out what considerations should be followed by the court in determining the fair market value of the land. 
    • Seeks to ensures that relevant information is considered in every condemnation case 

A consideration for Texas:

Adopting “a Factor Based or Specific…