Monthly Archives: March 2019

Short Term Rental Statewide Bill Signed. The 3 Key Details from a Red State.

Nebraska Governor signed LB 57 (2019 | NE) that will:

  • prohibit sities from banning short term rentals
  • local ordinances for short term rentals can address nuisances, health and safety
  • Nebraska Department of Revenue will develop tax agreements with short-term rental sites to collect and distribute taxes on behalf of host

LINCOLN JOURNAL STAR | Airbnb, VRBO-type rentals get support in Nebraska bill signed by governor

Land Use TREND. Protecting Golf Courses from Redevelopment. Read the Bill.

Nevada’s SB SB251 (2019 | NV) would prevent immediate redevelopment of golf courses unless the following is met:

  • require public meetings
  • require environmental impact study
  • require a minimum amount of open space
  • require evidence to a governing body that the golf course is no longer “financially viable” before any redevelopment is approved
  • require any structures built on the converted land be set back 100 feet from any existing building
  • require a golf course owner to continue maintenance of…

Lege TREND. Property Rights to Edible Front Gardens.

Florida’s SB 82 (2019 | FL) would prohibit local governments from banning front yard edible gardens. 

“Freedom is at stake,” Bradley, the Senate budget chair said.

Why does this matter? Miami Shores that banned vegtable gardens. Its now in the courts.

Tampa Bay Times | Right to grow front-yard veggies gets green light for Senate floor

Lege TREND. Property Rights in small electronics. Mr. Fix It Bills Around the Country.

Add Georgia to the 12 states seeking to allow property rights in small electrical devices. HB 286 (GA | 2019) The Right to Repair.

Provides that once a perons owns something they have the right to have it services, maintained as they see fit, including private mr. fix it shops.

Why does this matter? some electronic items disable third party fixing capabilities.

Valdosta Daily Times | Product disclosure bill falters 

3 Points Supporting Private Entities with Eminent Domain

Where: Texas

Who:  Institute for Policy Innovation, 32 year old conservative, free-market policy think tank in Dallas

Why: Testimony concerning SB 421 (TX | 2019) .

What are their 3 reasons to support eminent domain by private entities?

  • Constitution doesn’t limit eminent domain to the government
  • Limiting eminent domain to the government leads to bigger government
  • The private sector has market incentives to treat its customer base better than government

IPI | Testimony Before Texas Senate…

Property Rights in Pore Space.

North Dakota’s SB 2344 (2019 |ND) will change how pore space is treated under the law.

What is pore space? The cavernous area beneath the surface that isn’t solid

How is pore space currently treated in North Dakota? It belongs to the surface owner, not the mineral owner

What does SB 2344 do?

  • changes the definitions for surface ownership to include only solid areas, not cavernous air pockets, or pore space
  • prohibits a surface owner from seeking compensation for pore space

What industries…

Eminent Domain to Protect Wildlife from Cars. Amend an Eminent Domain Bill When in Doubt.

New Mexico Legislature wants their Transportation Agency and Wildlife Agency to talk to each other to develop a transportation plan to protect wildlife from vehicles. 

Most likely solution? Wildlife underpasses

Why? Wildlife and motor vehicle accidents carry a $20 million per year cost to the state 

Legislatively how did this come about? An amendment to an eminent domain bill.

KOB 4 | New Mexico wants to protect cars and animals from each other 

Texas Polling. Eminent Domain Reform. What do I need to Know?

The Texas Farm Bureau poll on eminent domain reform support found:

  • 89% support financial penalties for low offers
  • 80% favor ” bad faith” penalties when offers are less than 1/2 of a property’s value
  • Party identity produced similar results
  •  ” broad consensus” that the process is often unfair

CenTexProud |  Survey: support for eminent domain reform