Legal Trend. Is the Landowner Bill of Rights Optional?

What’s happening? Marietta Georgia argued before the Georgia Supreme Court that the 2006 Landowner Bill of Rights was optional.

What was the landowner’s argument? That the city had to follow the landowner bill of rights and provide a detailed appraisal prior to condemnation proceedings.

What did the Georgia Supreme Court say? 

  • Yes, the landowner has to be given a detailed appraisal before condemnation
  • If the landowner bill of rights were optional, the entire act would be impaired
    • Trans…

Texas State Rep. 3 Points on Eminent Domain Review and Reform.

Texas State Representative Ernest Bailes op-ed in the Houston Chronicle makes these points about a need to review eminent domain laws:

  • Growth and development lead to eminnt domain challenges for land owners
  • Need to ensure fairness in eminent domain statutes
  • Fair compensation for land owners is very improtant to his district

Houston Chronicle Op-Ed | Bailes: Eminent domain statutes need review to ensure fairness

A Public Private State Data Project + Eminent Domain?

Kentucky is wiring the state for internet with the aptly names- KentuckyWired project.

To wire bluegrass country, the state  Kentucky Communications Network Authority (KCNA)is overseeing the public private investment.

What eminent domain rumors are swirling in the bluegrass? That homes are being taken away.

How did Kentuckywired respond:

  • Simply not true.
  • Most of the projec ti son public land
  • 99% of landowners have agreed to easements that correspond with existing above ground cable,…

TEXAS INTERIM CHARGES. 8. Property Rights + Eminent Domain + Land Use + Land Privacy + Blight

House Committee on County Affairs

#7 Land Development & Floods.  Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding. 

House Committee on Energy Resources 

#5 Wind Decommissioning & Property Rights. Examine how…

Private Property Rights. Anatomy of a Short Term Rental Ordinance in the Land of 10,000 Lakes.

Minneapolis, MN recently adopted short term rental ordinances which will:

  • Require hosts & services to be licensed by the city
    • No license fee will be imposed if the owner is present during the rental period
    • Host license fee will be $5,000 for the big actors & $630 for less than 150 rental options
    • Home owner license fee will range from $46 to $350 depending on the property’s tier

What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities

Fox 9…

Property Rights. Lege Trend. 3 Reasons Real Estate Broker Supports Short Term Rental Statewide Preemption.

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

  • The bills are pro-private property rights
  • The bills aren’t preemption, the bills are a starting point for local ordinances and rules
  • Allowing for  short term rentals…

Texas Attorney General Opinion. Land Use. MUD Fees. New Legislative Fix for MUD fees?

No, a MUD cannot use its funds to replace vandalized mailboxes in its jurisdiction. 

The Attorney General Opinion KP-0169 lays out which code sections that could be amended to include a MUD’s use of funds to repair or replace mailboxes:

  • TEX. WATER CODE§ 54.012. 

    TEX. WATER CODE§ 54.201(b), §54.236 and §54.242 add to the laundry list of specific revenues uses for MUDs

TX Senator Huffman. 2 Points on Just Compensation.

In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:

  • homeowners should be spared years of emotional and costly litigation, and Congress should secure just compensation for home owners
  • the Army Corps of engineers actions constitute a taking that requires just compensation

Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’

Local Trend. Private Property Rights. Tiny Houses. Roadmap to Ordinances.

City: Portland Oregon

Current city ordinance that prohibits tiny houses on private property: A prohibition from people sleeping in vehicles.

What is Portland doing with the current prohibition while a specific ordinance is being crafted: Portland has suspended enforcement

What other policy issue is being tackled with tiny house policy? reduce homeless

What elements will the proposed tiny house ordinance contain? 

  • the proposed policy will allow people up to park three tiny houses or RVs…

Campaign Trend. No Eminent Domain for Private Gain. Southern Edition.

A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:

“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”

Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race