- More City Power to Pull Licenses. Denver could revoke, sanction or deny a short-term rental license or application if it negatively affects the public health, safety or welfare of a neighborhood.
- Primary Residences Only. Short Term Rental Rules apply only to primary residences
- Property Owner requirements:
- minimum of $1 million worth of liability insurance
- required notification to their insurer that they’re using their property as a short-term rental
- required to inform HOAs
Category Archives: 2017 legislative issues
Lege TREND. Repurchase. Anatomy of a 1960s land purchase not used for a public use
Where: California
The public purpose: CalTrans construction of the I-710 freeway
The property taken: residences
What is the repurchase price? The 1963 eminent domain acquired price range from the mid-$20,000’s to mid-$30,000’s.
How under market value is this? roughly $970,000 under market value
Lege Trend. Anatomy of a Short Term Rental Law in a State that Walked Back Full State Preemption.
Florida’s HB 987 (2019 | FL) would preempt local short term rental law and establish a statewide regulatory system that:
- not allow for grandfathering local ordinances
- state supervision of rentals in lieu of local inspections
- state licensing by the state Division of Hotels and Restaurants within the Department of Business and Professional Regulation.
- disclsoure of a contact person including:
- name
- mailing address
- telephone number
What’s happened in FL with short term rental…
Lege TREND. Oil & Gas Underground Storage. No Land Owner Compensation.
North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas, or CO2 recovery storage for the land owner.
KXNET | Landowners Group: Bill would take land rights away
Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections
North Carolina House Bill 3 (NC | 2019) does 3 things:
- removes public benefit from the Constitution and requires public use for eminent domain
- clarifies that natural gas distribution facilities have eminent domain authority
- clarifies that connecting customers to utilities is a pulic use
Lege Trend. Eminent Domain for Transmission Lines Only when a % of Land Deals Negotiated
Oklahoma’s HB 2264 ( OK | 2019) would require that a wind producer secure 80% of land with successful, good faith negotiations.
Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors
Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:
- penalize companies for intentionally low-balling landowners during negotiation
- put landowners “on an even footing,
- more transparent, fair and accountable eminent domain process.”
- costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
- the…
Local TREND. No Eminent Domain for Special Districts?
Where: Kerrville, TX
The local government action: Amending the creation of TIRZ 1 to prohibit the use of eminent domain
Did it pass? No, it did not pass for procedural reasons
Kerrville Daily Times | Council nixes eminent domain TIRZ clarification
Lege TREND. Supporters for Attorney Fees in Eminent Domain Say:
Florida can award attorney fees for eminent domain cases. The justification? “It is the government’s “dis-incentive” for these types of lawsuits.”
Lege TREND. Compensation. 3 Ways 1 Bill Benefits Land Owners.
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