Legal Trend: Texas Local Government Can Be Sued for Taking without Compensation

Court: Judge Caroline E. Baker, state district court judge in Harris County

What happened to get us into a court room?   a Houston photographer’s claimed that UofH used his photogrpah of Houston in its materials without permission

What did Uof H argue to stay out of court? soveriegn immunity, represented by the Texas Attorney General’s Office

the court say?  that the university cannot claim soveriegn immunity for the taking

San Antonio Express News | UH can be sued for using photo, judge…

Local Lonestar TREND. Short Term Rental Ordinance Requires Inspection + Notification to Neighbors

City: Coppell

The short term renal ordinance passed by Coppelll City: 

  • must be owner’s primary residence
  • must be registered with the city
  • requires an emergency contact number be provided
  • property be inspected
  • notification to neighbors within 100 feet with a 24-hour hotline number for complaints

Coppell Gazette | Coppell City Council passes short-term rental ordinance 

Local Trend. Anatomy of a New Billboard Ordinance. First Revision since the 1970s.

City: Carlsbad, NM

The 2018 billboard ordinance requires:

  • Any company or person installing, repairing, altering, relocating or dismantling a sign must obtain a New Mexico contractor’s license
  • billboards must be 1,500 feet from other off-premise or freestanding signs
  • billboards must be 200 feet from the nearest residential district, public park, playground or cemetery
  • building permit required

Carlsbad Current Argus | City council approves new sign ordinance

Local Trend. Ordinance Limits Short Term Rental Properties.

Where: Boston, Massachusetts

Which properties can be offered for short term rental? Owner Occuppied Properties

Which properties cannot be offered for short term rental? 

  • properties occuppied by tenants
  • properties owned by investors

Boston Globe | City Council passes tough rules that limit Airbnb rentals. 

Land Use regulatory TREND. Real Estate License Requirements for Short Term Rentals?

State:Pennsylvania

The regulatory requirement for managing short term rentals: a real estate broker licensing requirement that “makes it a crime for anyone but a fully licensed real estate broker to help property owners manage rental properties on sites like Airbnb” 

Who challenged the regualtory scheme? The Institute for Justice

What have the courts done? Appellate Court has kept the licensing requirement in tact

What is the argument against a broker license for managing short term…

Land Owners Oppose Reservoir. Legislators Deny Eminent Domain for Reservoir.

The anatomy of reservoir building in Florida:

The reservoir project: a massive 60,000-acre shallow reservoir to stop dirty water in Lake Okeechobee from polluting the coasts and revive South Florida’s wilting marshes

The opposition: Sugar farmers who refused to sell

The legislative action: Deny the use of eminent domain to complete the reservoir

Miami Herald | Vast reservoir is key to state Everglades plan. Federal concerns could derail it.  

 

Natural Resources. Private Condemnation. How to Condemn Minerals & Water

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

  • condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
  • condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for…

10 States that Recognize Private Condemnations

What is private condemnation?  It allows  landowners the unique ability to condemn another landowner’s property to acquire a right-of-way to construct “ditches, canals and flumes for the purpose of conveying water for domestic purposes,” and for irrigation, mining, manufacturing and drainage, “upon payment of just compensation,”

Which states allow for private condemnation? 

  • Colorado
  • Idaho
  • Wyoming
  • Arizona
  • Montana
  • Nevada
  • Oklahoma
  • Utah
  • North Dakota
  • South Dakota 

Colorado Real Estate…

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult