Monthly Archives: May 2017

Brewing Property Rights Trend. City Ordinances. Front Yard Fences.

City: Tyler TX

The front yard fence ordinance that concerns property rights advocates: Requiring a special-use permit to have a fence of any kind in the front yard

What was Tyler’s goal of special use permits for front yard fencing? To stop blighted properties which they tied to chain link fences.

In the words of a Tyler City Council Members: 

  • chain-link makes neighborhoods look like prison yards
  • fences in the front yard are in areas that are headed downward economically

Tyler Morning…

Lege Trend. Republican Resolution. No Eminent Domain for Private Gain. 3 Bits of Intel Unifying 3 Opponents.

State: Illinois

The project sparking the no eminent domain for private gain refrain: Great Lakes Rail

The Resolution, HR 437 (2017), hits on these 3 points:

  • private company using eminent domain
  • up tp $90 million permanent loss of agricultural revenue
  • endangers local wildlife

Illinois Valley News Tribune | Rep. Long bill opposes Great Lakes Rail, eminent domain 

Sharing Economy Trend. Country Lists Itself on AirBNB

the country: Sweden

How can a country list itself on AirBnB? In Sweden, the first law of the country is Allemansrätten which means you can freely roam, camp and forage.

Does Allemansrätten mena you can enter homes or cabins and pillage? No. Swedes aren’t inviting people to be Vikings. The law means you can pick some chantrelles in the forrest, it doesn’t mean pick the lock on the cabin.

Business Insider Nordic | The country of Sweden just became the world’s first to be listed on Airbnb -…

Lege Trend. No Eminent Domain for Certain Developments.

State: Tennessee

The eminent domain prohibition:  no eminent domain for industrial parks. The Tennessee statute set forth examples of projects that constitute public use, the bill deleted industrial parks from the list.

The legislation: Tennessee’s Senate Bill 1184

The Standard Banner | New law prohibits eminent domain for industrial parks

Knoxville News Sentinel | Eminent domain reform protects farmers

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study:  • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017) 

York News Time | Resolution would stipulate hearings on eminent domain issues

Local Government Drops Eminent Domain. Works Deal. 3 takeaways from the Deal.

What local government wanted to use eminent domain? Garden City Utah wanted to take land from 11 property owners to create a public access point to a lake

The city agreed to drop eminent domain proceedings in exchange for? The subdivision agreed to create a public walkway to provide lake access

What 3 goals were accomplished with the deal?

  • home owners kept their privacy
  • town residents and visitors have added access to Bear Lake
  • the town’s population tourism numbers increase

KSL.com…

Private Property Rights. 3 Reasons Tree Cutting Ordinances Harm Property Rights.

Texas Public Policy Foundation lays out 3 reasons that local tree cutting ordinances harm private property rights:

  • private property rights include ownership of the natural resources (trees) contained with the land 
  • TPPF loops in Article I, Section 17 which says in rough terms, if the government takes property, the government pays
  • Trees are not a public resource, trees are a natural resource belinging to the property owner

 

The solution: “Texas Legislature should prohibit local…

6 Reasons the Right Thinks Idahos Short Term Rental Statute is the Best.

In 2017, Idaho passed short term rental law ( HB 216 ) that is being hailed by the right as model legislation because the regulations:

  • requires owners of short-term rentals to pay state sales and hotel taxes
  • taxes will be collected by “marketplaces” such as Airbnb
  • property owners to register with the state tax commission 45 days after their first lodging transaction
  • uses state authority to stop local bullies from singling out STRs for special mistreatment
  • local governments can regulate…