Property Rights Trend. Tree Ordinances Meets Affordable Housing. Read the Bill

A Republican State Senator in Florida has filed S 574 (2018) to curb local fees on tree removal.

The arguments to support the legislation:

  • Republican State Senator who filed the bill says “People’s private property rights should be supreme.”
  • A developer:  Tried building affordable housing and ran up against a local tree ordinance. 

News 10 Tamapa Bay Sarasota | Proposed bill gives state control over tree laws

Legal Trend Begets Lege Trend. 2017 U.S. Supreme Court Eminent Domain Ruling Overturned by Lege. Read the Bill.

The Wisconsin Legislature rejected the U.S. Supreme Court ruling in Murr v. Wisconsin that permitted regulation on adjacent properties that limited the ability to sell the property.

In response to the June ruling, the Wisconsin Legislature in November passed Assembly Bill 479.

The goal of the bill: to make sure the regulatory schemes that exist when land woners buy property continue to exist. 

The bill is meant to “make sure that when people buy property, and they have expectations related…

Lege Trend. Grants with strings attached. No eminent domain.

The state that prohibits eminent domain with grant funds: Indiana

The grant funds that prohibit eminent domain: State Community Development Block Grant Main Street Revitalization Program, which requires local matching of $150,000 for a total $600,000 grant

The local government project that will use the grant funds:  widen, replace and extend sidewalks in Georgetown, Indiana in connection with the River Hills Economic Development District and Regional Planning Commission.

News and Tribune…

2 Ways a Texas City Annexation Plan is Not Lawful. So Says Texas Attorney General

Texas Attorney General Ken Paxton lays out 2 ways McKinney’s proposed annexation plan isn’t lawful:

  • the annexation notice violates the Texas Local Government Code and the Open Meetings Act
  • the notice for the Aug. 28 mcKinney City Council meeting violates the Texas Local Government Code and the Open Meetings Act

How the notices violate the Open Meetings Act and Local Government Code:

  • do not provide a description of the property the city plans to annex
  • the council’s agenda item was…

Property Rights Trend. Are developer fees a taking?

Property developers in Los Angeles California are charged a fee that subsidizes affordable housing.

How did this end up in court? Developers argued that the fees are tantamount to a taking of private property “for public use without just compensation.”

What happened in court? The U.S. Supreme Court on Monday, October 30, 2017, refused an appeal that upheld the affordable housing fee.

California State Courts found that the developer fees are:  a reasonable regulation of development.

Los…

Campaign TREND. TX County Judge Touts Property Rights vs. High Speed Rail.

The elected position: Ellis County, Texas County Judge

The candidate:  Current Ellis County Judge Carol Bush

The comment on property rights and high speed rail:  In listing achievements she notes under her leadership the county has “advocated for property owners against high-speed rail”

Waxahachie Daily Light | Ellis County Judge Carol Bush announces re-election campaign