Author Archives: admin

Refreshing our Recollection | READ THE BILL | Compensation for Local Government Ordinances that Affect Property Value

 

 

 

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

  • Attorney Fees and Costs when a court determines a taking occurred
  • State Attorney General creates a list of governmental actions that results in a taking occurring
  • Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017

 

 

Refreshing our Recollection | Disclosure of Building Defect Settlements | READ THE BILL

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

  • to report settlements  concerning construction defects within 90 days
  • if settlements were for more than $1 million
  • concerned multifamily residences
  • The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature

Refreshing our Recollection| Open Legislative Season on Short Term RV Rentals | TRENDing new business model

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

Refreshing our Recollection | READ THE BILL | Eminent Domain Compensation Bill in Texas

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 

Lufkin Daily…

Refreshing our Recollection | Read the Bills: State Preemption Short Term Rentals

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

Legal TREND. 2nd Texas case. I-35 expansion. Jury Award = 8 times TXDOT compensation.

What land was taken? a 9,500-square-foot parcel that for 30 years operated as a salvage parcel

What compensation was given by the state? $65,000 and a new entry 110 feet away and shared by other retailers

What did the jury say?

  • the shared new drive created safety concerns and was not adequate compensation
  • the land ownrs are woed $500,000+

State of Texas v. Skyway Holdings LLC, No. 0015-04-083

Marrs Ellis & Hodge | Owners of Texas Business Win $500,000 Jury Verdict in Eminent Domain Dispute

Lege TREND. Short Term Rentals. Events at Short Term Rentals = 2Unintended consequnce

Arizona passed a state short term rental law that requires cities to allow short term rentals. 2 unintended consequences:

  • Special Use Permitting by Cities for Events Some cities, like Mesa, are considering moving short term rentals that are used for events to a special use permit for events. Current ordinance does not allow residential properties to be permitted for special events.
  • Alcohol restrictions in special use permits, but not short term rental laws. If a special use permit is issued…

Kelo Fix loophole. Cities Using Eminent Domain to Boost Revenues? WHERE. WHAT. HOW.

WHERE: Illinois

WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue. 

HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.

KPVI | Some Illinois cities eye eminent domain to boost revenue

Legal TREND. Border Wall. Taking Land from the Diocese.

What? On October 25, 2018 teh federal government notified the Diocese of the taking of 2 properties

Which properties are impacted? La Lomita Chapel & property south of the Juan Diego Academy in Mission

the public purpose?

  • conduct surveying
  • testing
  • investigatory work for proposed construction of roads, fencing, vehicle barriers, security lighting, cameras, sensors and related structures to secure the border

compensation to the Diocese?  initial estimate for reimbursement at $100

What’s the…