Legal TREND. Short Term Rental Lawsuit over number of Occupants as Anti-Christmas.

Where: South Lake Tahoe, CA

The lawsuit basis: ” infringes on the constitutional rights of property owners by arbitrarily restricting the number of individuals who can occupy a vacation unit”

The kicker: intereferes with people’s holiday plans

The local rules on short term rentals in South Lake Tahoe? 2 persons per bedroom & bans short term rental sin residential neighborhoods

AP | Legal fight arises over South Lake Tahoe rental home rules

 

Lege TREND. Anatomy of A short term rental deal in a State Legislature.

Massachusetts legislators have reached a deal on statewide short term rental bill that will:

  • exempt proprietors who file an affidavidt that they will not rent the short term rental for more than 14 days in a calendar year
  • does not apply the  5.7% hotel and motel room tax to these 14 day or less per year  rentals

AP | Massachusetts lawmakers reach deal on short-term rental bill

Commonwealth | Lawmakers reach short-term rental agreement 

Eminent Case Du Jour for Private Property Rights Think Tanks

The eminent domain case that will be repeated in legislative sessions:

  • GM shuts down factor built on land taken by eminent domain in 1981
  • 4000 people were displaced during the process

Reason | GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking 

+1 Local Government. No Eminent Domain for Private Gain. From the North.

Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:

  • prohibit private companies from using eminent domain to take property
  • public good should not include economic growth
  • ensure that landowners can negotiate for a fair price.

Are other Wisconsin counties doing the same thing? Yes, at least 6

Portage Daily Register | Columbia County Board favors eminent domain reform

Sawyer County Record | Rusk County passes resolution calling for…

Update of Final Version. Anatomy of a Bill that Sped up a Pipeline & Transmission Line Tunnel

As signed by Michigan’s Governor, SB 1197 (2018 | MI) will:

  • Include a plan for recruiting, training, and using Michigan workers for the tunnel project;
  • Allow for multiple utilities to use the tunnel;
  • Provide that the tunnel is built to last and will contain potential oil spills in the Straits of Mackinac;
  • Limit liability for the state, the authority, and members of the authority;
  • Require that all necessary government approvals be obtained for the tunnel;
  • Prohibit the use of eminent domain…

Local TREND. Rental Property Inspections = Private Property Rights Violations?

Institute of Justice is representing a class of renters in Seattle to challenge the city’s ordinance that requires inspection of rental property.

The ordinance: Rental Registration and Inspection Ordinance,  Seattle Municipal Code 22.214.

When tenants refused entrance to the inspector a fine of $500 per day until the landlord persuaded the tenant to permit the inspector to inspect the premise.

Institute for Justice | Seattle mandatory rental inspection Law

Eminent Domain and Coastal Barriers. WHAT. WHERE.

What project? A coastal barrier project that will be a 71-mile long system of gates and levees 

Where? Along the Texas Gulf Coast

How does eminent domain come into play? Businesses and residences on Bolivar Peninsula and Galveston Island could be impacted

Who would exercise eminent domain? Texas General Land Office

What do I need to know about TX GLO, eminent domain and the coastal barrier?

  • eminent domain will e a last resort
  • intent is to ” identify an alignment that minimizes and…

Local TREND. Anatomy of an Economic Development Plan with Eminent Domain. Who. Where. What.

Who: Amazon Headquarters 2

Where: New York

What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate

What specific eminent domain offers were made?

  • “Subject to public approvals, ESD is empowered to acquire, encumber and dispose of any real property interest, including through eminent domain,”
  • ““ESD can also override local zoning, offer tax subsidies while holding title to a property, and provide lower-cost…

Legal TREND. Are Maps and Signs to a Park a Taking if people cross private property?

The City of St. Pete Beach built a new park.

The City then made maps, websites,  physical signs, that suggested to the public that they were free to cross that private property to get to the beach.

The private property owners sued.

These actions- signs, maps and websites suggesting to cross private property are a taking tantamount to eminent domain.

 Chmielewski v. City of St. Pete Beach, 890 F.3d 942 (11thCir. 2018).