Florida can award attorney fees for eminent domain cases. The justification? “It is the government’s “dis-incentive” for these types of lawsuits.”
Monthly Archives: October 2018
Local TREND. Opposing Eminent Domain that benefits Developers. WHERE. What. HOW.
WHERE: East Brunswick New Jersey
WHAT: A policy proposal by Republican Candidates for Council and sitting council members to stretch to the tax dollars by limiting “giveaways” to developers
HOW: By prohibiting eminent domain to benefit developers
LEGAL TREND. TX Supreme Court + AirBNB = Property Rights.
Tarr v. Timberwood Park Owners Ass’n, 2018 Tex. LEXIS 442 (Tex 2018). Texas Supreme Court determined that short term rentals are consistent with covenants that require residential use.
Campaign TREND. Anatomy of a Eminent Domain and Pipelines in a Congressional Open Seat. Who.Where. What.
Who: Lewis (D) and Cline (R)
Where: Virginia’s open Congressional District 6 being vacated by a (R).
What eminent domain views?
- The D opposes both eminent domain and raises concerns about pipeline safety
- The R supports Pipelines but wants federal legislation that:
- limits the use of eminent domain to projects that “would be necessary for the government to provide an essential service.”
- offers more publiuc input in the pipeline permitting process
Campaign TREND. Buzzwords supporting eminent domain reform.
A West Virigina Congressional race features opposition to eminent domain for a pipeline with messaging that
- shows conservatives and liberals agree in their opposition
- the public sees no benefit when their land is taken for a pipeline
- the public sees no benefit when, gasp!, the gas moves overseas
When is eminent domain permissible to the candidates?
- “clear and strong public benefit”
- no revolving door from oila nd gas agency oversight to oil and gas industry work
Lege TREND. States with enacted statewide short term rental legislation. Compare. Contrast. The Bills.
Tennesee
- HB1020 (2018 | TN)
- allows local govenrments to ban or limit short term rentals by ordinance
- grandfathers in existing short term rentals into local ordinances
Arizona
- SB 1350 (2016 | AZ)
- local governments cannot prohibit short term rentals
- touted as “financial breathing room” for families
Washington Post | Political contests erupt as cities and hotel industry struggle to curb Airbnb
Lege TREND. Eminent Domain Compensation legislation for 2019.
Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:
- strengthens bona fide offer
- additional dislcosures of appraisal reports
- additional detail disclosures for easements
- hold harmless clause for the land owners
- nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
- an attorney fees trigger mechanism for nongovernmental entities
- shifts property taxes to the condeming entity
Business TREND. Property Rights in RVs.
Business: RVezy
What is RVezy?
- short term rental/sharing of RVs
- including peer-to-peer insurance in 2017
Watch for regulations & legislation on:
- permitting
- licesning fees
- taxes
- insurance requirements
- use and parking locations
Markets Insider | Another First for the RV Sharing Economy: Canada’s RVezy Launches IOS & Android Ap
Local TREND. 8 Point Local Ordinance in Golden State with Fire Extinguishers + Tier 2 restrictions.
Long Beach proposed short term rental ordinance will require:
- Register with the city
- Provide a local 24-hour contact
- Post city requirements in the unit
- Provide a map of fire extinguishers and escape routes
- Get at least $1 million in property liability insurance
- 12 percent transient occupancy tax rate
- City Nuisance regualtions apply
- 3 violations in 12 months, 12 month suspension from operation
What are tier 2 restrictions that are being talked about?
- prohibit large-scale events
- 10…
Campaign TREND. Eminent Domain Compensation. Governor's Race. $23M eminent domain award.
Which Governor’s race? Nevada
How is eminent domain being used as a campaign attack on the Democratic candidate?
- The Democrat candidate for Governor owned property that was involved with an eminent domain case concerning McCarren International Airport
- The Candidate won an award of $6.5 million, + $8 million in interest + $2million in attorney fees
- Clark County lost all appeals and ultimately paid $23 million