Private Property Rights. Anatomy of a Short Term Rental Ordinance in the Land of 10,000 Lakes.

Minneapolis, MN recently adopted short term rental ordinances which will:

  • Require hosts & services to be licensed by the city
    • No license fee will be imposed if the owner is present during the rental period
    • Host license fee will be $5,000 for the big actors & $630 for less than 150 rental options
    • Home owner license fee will range from $46 to $350 depending on the property’s tier

What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities

Fox 9…

Property Rights. Lege Trend. 3 Reasons Real Estate Broker Supports Short Term Rental Statewide Preemption.

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

  • The bills are pro-private property rights
  • The bills aren’t preemption, the bills are a starting point for local ordinances and rules
  • Allowing for  short term rentals…

Texas Attorney General Opinion. Land Use. MUD Fees. New Legislative Fix for MUD fees?

No, a MUD cannot use its funds to replace vandalized mailboxes in its jurisdiction. 

The Attorney General Opinion KP-0169 lays out which code sections that could be amended to include a MUD’s use of funds to repair or replace mailboxes:

  • TEX. WATER CODE§ 54.012. 

    TEX. WATER CODE§ 54.201(b), §54.236 and §54.242 add to the laundry list of specific revenues uses for MUDs

TX Senator Huffman. 2 Points on Just Compensation.

In an op-ed focusing on the willfull flooding of homes by the Army Corps of Engineers, Texas Seantor Joan Huffman makes these points about just compensation:

  • homeowners should be spared years of emotional and costly litigation, and Congress should secure just compensation for home owners
  • the Army Corps of engineers actions constitute a taking that requires just compensation

Houston Chronicle | Huffman: Homeowners deserve ‘just compensation’

Local Trend. Private Property Rights. Tiny Houses. Roadmap to Ordinances.

City: Portland Oregon

Current city ordinance that prohibits tiny houses on private property: A prohibition from people sleeping in vehicles.

What is Portland doing with the current prohibition while a specific ordinance is being crafted: Portland has suspended enforcement

What other policy issue is being tackled with tiny house policy? reduce homeless

What elements will the proposed tiny house ordinance contain? 

  • the proposed policy will allow people up to park three tiny houses or RVs…

Campaign Trend. No Eminent Domain for Private Gain. Southern Edition.

A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:

“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”

Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race

City Buys Land. City Using Eminent Domain for Billboard on Same Land. Billboard relocation laws? Yes, see the proposal.

The City: Sandy Springs, GA

How does this work in Georgia, where there is a separate eminent domain for the billboard? Georgia’s laws allow for billboard relocatation somewhere within 250 feet in lieu of an eminent domain reimbursement, if the city has a billboard relocation ordinance. 

What has the city offered?  A city ordinance that allows for billboard relocation if:

  • eminent domain is used or there is a threat of eminent domain
  • relocation within 250 feet, with up to 3 alternative…

Local Trend. City Council Agenda. Animal House Rental Ordinance. The Response from Business.

Short Term Rental ordinance in Carmel Indiana are packaged as controlling “Animal House” rentals.

What would the ordinance do? Allow for zoning and regulations but not ban short term rentals.

Airbnb welcomes regulation: “”We’re very supportive of regulation. Of course, we don’t want to see our business banned,” says the Airbnb public policy director.

Herald Bulletin | Panel ponders ‘Animal House’ rentals  

 

4 Legislative Issues. Short Term Rentals in a Red State. Bill Text Included.

Indiana legislature is working through how to craft a statewide framework for short term rentals.

The 4 issues that are tanatmount to leadership:

  • input from property owners and from neeighboring property owners
  • economic benefit to property owners and the economic benefits to local commerce
  • preserve some local control
  • allow exceptions for nuisance issues 

WFYI Indianapolis | On Airbnb Issue, Lawmakers Weigh Tricky Property Rights Balance

This bill from 2017 will be reintroduced in…

City + Spot Blight = Sale of Remodeled House. 3 Bits informed:intel.

Entity that exercized its power of eminent domain? The City of Youngtown, Ohio

The statutory authority to take a residential property: The City of Youngstown has the authority to use eminent domain by a spot blight taking that allows an individual property to be taken via eminent domain. 

Was the property occuppied? No, it was abandoned by the 2nd previous owner, and purchased by Harbour Portfolio Advisors at a foreclosure sale

Which entity rehabilitated the property for resale? The Youngstow…