Monthly Archives: May 2019

Lege TREND. Exempt Private Shirt Term Rentals from Taxes

Where: New Jersey

The legislation:  S3158 (2019 | NJ)

What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners

So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.

 

Cape May County | Andrzejczak Bill to Exempt Private Short-Term Rentals from Additional Taxes Clears Committee

Legal TREND. The Next Kelo: Build First, Pay Later Takings

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

Lege TREND. Requiring Landowner Compensation for Local Ordinances. State Declared Inverse Condemnation.

Where: Pennsylvania

The Legislation: HB 827 (2019 | PA)

What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking

KYW | Pa. House debates bill to require compensation if DRBC bans fracking

Regulatory TREND. State Private Property Rights Ombudsman

Which state had a private proeprty rights ombudsman? Connecticut

How was it created? By the governor.

The last Governor to include on in their administration: Gov. Jodi Rell’s administration

3 other states have a state office that advocates for property owners: Utah, Virginia and Ohio

Connecticut Law Tribune | Bring Back the State’s Property Rights Ombudsman

Legal TREND. Property Rights in Private Trash.

Where: Oregon Supreme Court

What: Extended “privacy interests” to garbage left out for collection, for both the bins on the curb & their contents after being hauled away

How did we get here? The police in the case, asked the private company that operated the waste collection service to separate a property’s trash. This amounted to an illegal search by a private comapny acting as an agent for law enforcement.

Didn’t the US Supreme Court say trash was not private? yes, but it allows states to…

3 Ways Republicans are Inconsistent on Eminent Domain

  • Republicans oppose taking land for trails and sidewalks calling it “egregious government overreach”
  • Republicans support allowing foreign corporations to use eminent domain
  • In the state budget Republicans expanded the types of oil pipeline business structures granted eminent domain power

Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain

Legal TREND. Airspace Easements Taken with Eminent Domain.

What is an airspace easement? an easement taken by an airport 

What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees

What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)

The Westerly Sun | Judge declines to dismiss lawsuit over…

Lege TREND. Watchdog brings Ethics Complaint Against Lawmaker who Backed Utility Eminent Domain Use

Where: North Carolina

What: A long time lawmaker, whose lawfirm represents a utility, also pushed legislstion to help the utility, allegedly according to an ethics complaint

Why the beef? Because the utility is taking people’s land 

 

Tacoma News Tribune | AP | Group files ethics complaint against N Carolina legislator