Texas Attorney General Opinion. Land Owner Liability.

What question is being answered: whether Chapter 75, Title 4 of the Civil Practice and Remedies Code appl[ies] to private property owners on whose property agro-tourism related private aircraft lands.

What is the answer:  Yes, if:

  • a property owner conducting agritourism on his or her agricultural property invites or grants permission to individuals to enter the premises of the property for recreation
  • and, if all other elements of chapter 75  are met
  • that would include injuries or damages…

Local TRENd. Short Term Rental Ordinance Cap

What kind of cap does a short term rental ordinance have? A cap on the number on non-owner occuppied properties that can be listed as short term rentals

What city is proposing the cap? Portland

What is the cap number? 300. 300 non-owner occuppied properties could be short term rentals

Policy goals? Protect the number of owner occuppied houses and prevent conversion of those houses/apartments into a continual cycle of short term rentals

Portland Press Herald | Proposal would further restrict…

Local TREND. Banning Booting Cars on Private Property. Where. What. How.

Where:  Athens-Clarke County

What:  complaints that private paring lot owners are hiring people to  immobilize drivers’ wheels for infractions like going into a business that isn’t associated with the lot

How: County Commissioners look to prohibit booting cars on private property

FlagPole Colorbearer of Athens Georgia | Commissioners Propose Banning Booting Cars on Private Property

 

Campaign TREND. Labeling Eminent Domain as a "Politician's Tool"

Where is this election : Gilroy, California

Election for: City Council

what eminent domain tagline emerged?  When a candidate suggested eminent domain to redevelop a downtown street, the respons was that “eminent domain is a politician solution”

Gilroy Dispatch | Candidates have plans for downtown 

3 Problems with Eminent Domain in Texas. Hello 2019 Legislative Session.

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

  • profits often outweigh the rights of landowners with some pipelines & transmission lines
    • agents may pocket any money budgeted that isn’t paid to land owners
    • disincentivizes fair offers to landowners
  • Intimidation. The team of lawyers of pipelines and transmission line companies
  • adequate offers are essential so landowners are treated like partners…

4 Reasons Colorado's Eminent Domain Proposition for Land Owners is Not Good.

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

  • “taxpayers as a whole will suffer dramatically”
  • “tax dollars may go more toward fighting lengthy lawsuits”
  • municipal services would suffer- police, parks, trash service
  • it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

Property Rights. +1 Activist Move to Limit Short Term Rentals to a Single Property.

Where: New Orleans

Association backing limitation: Residents for Ethical and Sustainable Tourism (REST)

Limitation on short term rentals proposed: 

  • only full time residences would qualify
  • valid homestead exemptions must exist
  • home owners must comply with safety regulation

Curbed | A proposed ordinance would limit short-term rental licenses to one per homeowner

3 Reasons to "Revolt over Eminent Domain"

The American Conservative’s “Why the Public Must Revolt Over Eminent Domain” calls for a public revolt because:

  • Too much falls into Public Use. The Supreme Court in Kelo allows for a broad use of eminnt domain due to the broad interpretation of “public use”
  • Eminent Domain Abuse. State courts, federal circuit courts, and the U.S. Supreme Court have all failed to protect people from eminent domain abuse
  • Cronyism. Only the public can stand up to “cronyist land grabs”

What triggered this? Boise…

ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.

  • Zoning should be a regulatory taking
  • Compensation should be triggered by any regulation that reduces propety value by 25%
    • Works in tandem with restoring a property right in property use
  • The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
  • Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

 

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019