Monthly Archives: April 2018

Local TREND. 3 Types of Ordinances on Drone Regulations & 3 Local Policy Concerns

3 Ways Colorado cities are proposing to regulate drones:

  • Allow residents to shoot down drones (ordinance failed to pass in Deer Trail, CO)
  •  Limit the methods of piloting a drone beyond that which the FAA has already designated (Newton, CO)
  • Greenwood. CO is using existing ordinances prohibit photographs, nuisances & harassment

The local governments raise the following policy reasons:

  • protect the quality of life of residents
  • protect privacy
  • limit recording of concerts and events by drone

 

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Lege TREND. Preempting Local Short Term Rentals in the hawthorn Blossom State

State:  Missouri

The Missouri short term rental local ordinance premption bill: HB 2569 (MO | 2018) 

What would  HB 2569 (MO | 2018)  do?

  • prohibit municipalities from requiring a business license
  • prohibits home owner associations from blocking short term rentals
  • address how spaces are advertised for shirt term rentals to ensure a fee is collected

What do opponents say?

  • could impact the collection of the city’s tourism tax, because the bed tax (hotel/motel tax) is collected from a…

Campaign TREND. Privatizing Land That Had Been Taken by Eminent Domain for Public Utilities.

The Campaign: Congressional Candidates for 2nd Congressional District in Tennessee

The Eminent Domain Issue: When the Tennessee Valley Authority was created, land was taken by eminent domain. Legislative proposals seek to privatize the Tennessee Valley Authority. 

The Candidate Responses to Privatization and Eminent Domain

  • 4 candidates of both parties oppose privatization
  • 1 Republican candidate specifically noted the use of eminent domain as a reason to oppose privatization

The Daily Times…

Blight + Community Development Authority. Law Allows Development of Open Space. Local Ethics Policy Runs Counter? 3 Key Points.

Background: A local Wisconsin Community Development Authority is taking action to declare maintained properties blighted

What statutory language provides for development within an area under blight standards:

“an area which is predominantly open, and which because of obsolete planning, diversity of ownership, deterioration of structures or of site improvements or otherwise substantially impairs or arrests the sound growth of the community.” 

Community Repsonse: Organized the  Better Mount…

Lege TREND. Causes of Action. Eminent Domain. No Eminent Domain for Local Governments That Get Eco Devo Funds.

Congress is considering HR 1689 which does the following:

  • No eminent domain can be used if the state or local government receives federal economic development funds
  • Private causes of action ca be brought against states and cities if eminent domain is used and economic development was involved
  • Prohibits State immunity in causes of action

 

Private Property Rights. Navigable Waters. Defeat of a Bill for Public Access to Navigable Waters. Read the Bill for Fishermen.

State: Louisiana

The legislation to open navigable waters to anglers: HB 391 (LA | 2018)  to ” restore anglers’ rights to access public waters”

The opposition to opening navigable waters to anglers:

  • wealthy private land owners
  • energy companies

Supporters of opening navigable waters to anglers:

  • Louisiana B.A.S.S. Nation
  • Louisiana Sportsmen’s Coalition

The Louisiana House vote: 37-59

KALB| Powerful Opposition’ kills public access reform in Louisiana

Lege Trend. Wildlife Bill Allows for Local Government Pest Control. Veto Statement Includes Protecting Private Property Rights.

Background: Nebraksa legislature passed a bill that would repeal a county’s ability to eradicate black-tailed prairie dogs on private property

Supporters of the Bill Call for Private Proeprty Rights: Repealing a county’s aility to eradicate the black-tailed prairie dog on private property is important because this law “infringes on property rights and harms native animals.”

The Veto is supported by this pro-private property rights statement: “fails to protect individual property rights from…

3 Ways Eminent Domain Could Re-Shape the Nation's 4th Largest City

The 3 pending eminent domain issues that could reshape land use in Houston, Texas:

  • Hurricane Harvey.  The city’s of eminent domain to re-purchase flood plain areas
  • High Speed Rail. Whether Central Texas Rail will be authorized to use eminent domain to obtian lands for its rail and stations.
  • Roads. Always, roads. More people = new roads and expanded roads.

Attorney General Opinion in the Bluebonnet State. Property Rights and RVs.

In Texas Attorney General Opinino Rquest, RQ-022-KP, we’re going to find out what property rights an RV has and what property rights a park owner has.

Get your arguments ready for the Attorney General.

Get your drafting pencils ready to write the bill to fix the opinion. 

Who requested the opinion: Charles Perry

The question for the Attorney General Opinion: whether recreational vehicle park guests-transient or temporary guests-are licensees or tenants

What arguments does the opinion…

Local TREND. Stadium Opposition and Eminent Domain. 3 Opposition Arguments.

The stadium: FC Cincinnati

The opposition Op-Ed author: A former Cincinnati mayor and founder and CEO of the Center for Closing the Health Gap

The eminent domain problem:

  • History is a problem. 
    •  In the 1950s 26,000, mostly minority residents, were displaced from eminent domain for an redevelopment project
    • When I-75 was expanded, the same displacement of minority residents occurred
  • Relocation never occured. The 1950s eminent domain use did not bring relocation to fruition
  • There was no…