- Preempt local gardening bans that prohibit edible gardens SB 1776 (2018 | FL)
- Preempt short term rental ordinances
- SB 1400 vs. HB 773 Florida Legislature
- HB 2569 (MO | 2018) Missouri Legislature
- Arizona’s Private Property Rights Protection Act
- Prohibit any county or town from passing a fence ordinance that violates current WY code WY SF 107 (2018)
Monthly Archives: May 2018
TRENDS 2018 Local Property Ordinances
- NH town wants to redefine nuisance to cover more blighted property
- IL town wants noise and light regulations for wind turbines
- Spokane WA wants to prohibit drone use that is dangerous
- 5 Cities Fight Blight with vacant property TAXES
- Farmington UT used a Agricultural Protection Area to protect farm land from eminent domain
- Southington, CT sends blight citations to housing court rather than fines and police enforcement
Legal TREND. Churches. Property Rights. Eminent Domain.
Virginia courts will be taking up a 1st amendment freedom of religion vs. a 5th amendment eminent domain case.
Numerous eminent domain cases against religious institutions are swirling in various state courts setting up a US Supreme Court issue.
What’s happening in VA? First Baptist Norfolk wants to blovk Virginia Department of Transportation use of eminent domain for property they value at $11.8 million.
10Wavy | Norfolk Church goes to court in eminent domain case with VDOT
Compensation for Laws & Regulations That Reduce Property Value. Anatomy of a Constitutional Amendment:
Colorado Farm Bureau is proposing Initiative 108 that will amend the Colorado Constitution to:
- “ensure property owners are properly compensated if new laws or regulations negatively impact the value of their property”
What is the catalyst? tightening of setbacks on oil and gas development from fracking proliferation
How does the tightening of oil and gas setbacks impact farmers? Setbacks essentially eliminate oil and natural gas development & farmers rely on royalty checks
Legal TREND. Texas Supreme Court + Short Term Rentals + Restrictive Covenants = Win for Short Term Rentals
Court: Texas Supreme Court
Case: Tarr v. Timberwood Park Owners Ass’n, Inc.
Did restrictive covenants stop short term rentals? No, short term rentals can continue.
How did short term rentals continue in the face of restrictive covenenants that limit use of a property to single-family residences?
- Covenants did not address leasing of property
- Covenants did not require owner occupation
- Since covenants addressed neither, there was no prohibition from short term leasing
Legal TREND. Housing Fine Caps.
When Missouri capped local revenue from trffic tickets at 30%, the number of fines issued for housing violations skyrocketed.
39% of the adult population in Pagedale, Missouri was issued a housing fine.
Lawsuits ensued.
This week a consent decree was entered that will:
- require the city to re-write its housing code
- require good cause prosecution for housing fines
- no jail, no contempt charges
institute for justice | Federal Court Approves Historic Consent Decree Ending “Policing for Profit”…
Local TREND. Revising Nuisance Ordinance for a Reason that is not short term rentals.
Ordinance Proposal will define a nuisance as: ” “any condition or use of property which unreasonably interferes with health, safety, peace, comfort or convenience of the general community and is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such property is located.”
Fine: fine of up to $1,000 or remedy within 10 days
City: Raymond NH
Opponents say: This is not live free or die. If…
3 Reasons to Allow Short Term Rentals from the Right.
Texas Public Policy Foundation sets forth these reasons to support short term rental industry:
- People should have a right to rent out their homes
- Don’t add regulations for short term rentals, reduce regulations for hotels/motels to level the playing field
- “an intrusion by the government into the lives of everyday” people
Legal TREND. Eminent Domain + Water Reservoir = lawsuit. What you need to know:
Which courts? Federal Courts in Texas
Landowners: 9 Fanin County, TX landowners
Landowners are suing: U.S. Army Corps of Engineers and Col. Christopher A. Hussin, commander of the corps’ Tulsa district
The reservoir: Lower Bois d’Arc Reservoir in East Texas being built by North Texas Municipal Water District
The legal issue: The federal permit issued by the corps violated federal water and environmental laws
Dallas Morning News | Lawsuit challenges reservoir that would supply water for…
Anatomy of a Annexation & Tax Initiative. Vote Thresholds.
Where: California’s Initiative – Tax Fairness, Transparency and Accountability Act of 2018- is gathering signatures for November 2018 ballot
What would the Tax Fairness, Transparency and Accountability Act of 2018 require for annexation? Require residents in the land to be annexed to vote
What would the Tax Fairness, Transparency and Accountability Act of 2018 require for a tax on the newly annexed property? Require a 2/3 vote approval for taxation of the newly annexed land