Where: Pennsylvania Why does state law determine compensation in a federal eminent domain? Natural Gas Act according to the 3rd Circuit What compensation does this open? consequential damages Reuters | 3rd Circuit adds consequential damages to Kinder Morgan’s tab for pipeline expansion
Monthly Archives: July 2019
Pre-condemnation Access and Tree Removal. Compensable?
Where: Parker County, TX What is happening? landowners in the path of a pipeline are receiving no notice of entry onto land and are removing trees How does this differ from other examples? Some landowners say they had existing contracts with the pipeline company that required notice and the preservation of certain trees Beyond compensation […]
TREND. Local Government declares property nuisance. Is it a taking? Texas Edition.
Where: Dallas What: a carwash on Martin Luther King Jr. Boulevard in South Dallas What action did the city take? city’s zoning board of adjustment determined the property was a nuisance which caused the business to cease operations Why does this matter: 2019 eminent domain bill concerned compensation and if this local government action is […]
Lege TREND. Anatomy of a Billboard bill with preemption
Where: North Carolina What’s the bill look like? HB 645 (2019 |NC) How will HB 645 change property laws related to billboards? allow more billboards allow existing billboards to be moved up to 250 feet allow more digital billboards allow for tree trimming for the preservation of billboard sightline if eminent domain is used to […]
Blight + no Transportation Project =No Eminent Domain
Where is this happening? north St. Louis County Missouri What is happening? A blighted building cannot be sized by eminent domain Why can’t eminent domain be used? the county issues the blight citations the property is technically in a municipality eminent domain is limited in the scenario to only transportation projects KMOV 4 | North […]
Local TREND. Enforcement against “illegal” short term rentals
Where: Austin, TX How did the city determine illegal short term rentals? City hired a contractor What did the contractor find? 75% of Austin’s short term rentals were illegal New Kid on the Block: short-term rental monitoring company Host Compliance Statesman | Study Finds 75% of Austin short-term rentals are illegal
Local TREND. Short Term Rentals and Homestead Exemption Recalculations
Where: Georgia Who is taking action? Glynn County Tax Commissioner Jeff Chapman. How would short term rentals be taxed? By recalculating or revoking the homestead exemption The Brunswick News | Homestead exemptions target of increased scrutiny
Local TREND. Short Term Rental Taxes with County Tax Assessor Action
Where: Colorado Springs CO Who is initiating the tax change? County Assessor Steve Schleiker How would a local tax assessor do this? Reclassifying the property as commercial from residential with a potential assist by the Legislature The Gazette | Colorado Springs short-term property owners could see massive tax bill increase
Local TREND begets Lege Reaction. Anatomy of a Statewide Tree Law
Where: Florida The legislation: HB 1159 (2019 | FL) What does it prohibit? No city approval to remove, replant, prune, or trim a tree No required replanting of a tree if a tree is removed WTSP | New law allows property owners to remove, trim trees without a permit
Lege TREND. +1 State Prohibiting Transfer Fees
Where: California What? No private transfer fees Are there exceptions? Yes, if the fees are used exclusively to support the encumbered property or cultural, education, charitable, recreational, environmental, or conservation The legislation: AB 3041 (2028 | CA)