TRENDING. INTERIM. SHARING ECONOMY. Private property rights. Short Term Rentals.

Which city is moving forward to regulate short term rentals after “animal house” complaints? Chicago

What regulations are being considered?

  • Commerical regulation for any property rented out for more than 90 days within 1 year
  • 4% surcharge to online rentals with revenue dedicated to homeless services

Chicago may regulate Airbnb home sharing amid ‘Animal House’-style complaints | Chicago Tribune 

INTERIM. Kelo Film at Cannes. Eminent Domain Movie in France. US Theaters Later this Year.

Little Pink House, a film starring an Oscar nominee, tells the story of Suzette Kelo and her eminent domain fight against the City of New London, CT.

 “This film tells the real-life story of Susette Kelo, a blue-collar woman who dared to stand up against white-collar powerbrokers, and Susette’s inspirational story is conveyed with power and grace by the wonderfully talented Catherine Keener.”

Theatrical release will be late 2016. 

Northernstars | News from Cannes 

7 Texas Counties. For Private Property Rights. Against Eminent Domain.

Which County Commissioners voted to oppose Texas Central Rail high speed rail plan? Navarro County Commissioners 

The number of counties staking claim to official opposition: 7

The basis for the opposition in Navarro County? Oppose the granting of eminent domain authority to the private high speed rail

County Judge names legislators who support the County Commissioner opposition resulation: Representative Byron Cook and Senator Brian Birdwell

Corsicana Daily Sun | County…

Feds to Answer whether High Speed Rail must follow Texas Eminent Domain Laws?

The Ellis County Press published an Op-Ed from Texans Against High Speed Rail.

What points does Texans Against High Speed Rail make in its Op-Ed?

  • Texas Central Rail doesn’t have its funding in place
  • Texas Central Rail has no problems using eminent domain to take land it doesn’t need
  • Texas Central Rail is asking the federal government whether it has to comply with Texas eminent domain laws

Ellis County Press | TCR proposes to acquire land it ultimately won’t use to satisfy investors

INTERIM. Private Property Rights. Sharing Economy. Short Term Rentals. Lege Trend from Pacific.

Your informed intel:

The Legislature: Hawaii

The Bill passed: Hawaii’s  HB 1850 

The short term rental tax: 

  • Who is collecting the tax? The tax broker short term lease facilitator (HomeAway, AirbNb)
  • Which taxes are being imposed? general excise tax & transient accommodations tax
  • Supported by short ter rental companies? Yes

Concerns:

  • Is there enough accountability for the sharing economy companies?
  • Sharing economy companies should be held accountable for illegal camping,…

Navasota County Judge Raises New Eminent Domain Issue.

What new issue did the Navasota County Judge rise about eminent domain and high speed rail? The impact to property values for property adjacent to property that is taken by eminent domain for high speed rail.

Why is concerned about neighboring property? Neighboring property owners do not receive compensation but will be impacted by Texas Central Rail.

Navasota News 1550 | County Judge Fights TCP In Austin Trip

 

INTERIM. Texas Tops in Asset Forfeiture.

Audrey Redford, a doctoral fellow with the Free Market Institute at Texas Tech University, makes these points about asset forefeiture in Texas:

  • Texas is #1 in civil asset forefeiture according to the Institute for Justice
  • Average annual total of seized assets:  $41.6 million
  • $540.7 million siezed in the last decade
  • It will get worse. last week DOJ announced it was resuming its Equitable Sharing Program, a civil asset forefeiture sharing program

How are asset forefeiture proceeds…

Legal Trend. Property Rights. Sovereign Immunity. Deer Breeders v. TPWD Wasting Disease Enforcement.

The property right: The Business of Deer Breeding

The lawsuit: Deer breeders sued the Texas Parks & Wildlife Department in Feburary 2015 over the taking of their property 

What was the property taking alleged by the property owners? The culling of the deer population was tantamount to a taking of private property by eminent domain

What happened in the lawsuit? TPWD claimed sovereign Immunity & the state district judge non-suited the case.

San Antonio Express News via the Chronic…

Interim Sharing Economy. Property Rights. Deal Made in Western Legislature. 4 Key Elements of the Legislation. Read the Bill. Strategize Accordingly.

Which state legislature  is negotiating a deal on home sharing taxes? California

Which tax options were rejected? a statewide system for collecting tourist taxes

What does SB 1102 require?

  • ​Sharing company (AirBnB, HomeAway, et. al) would collect a local hotel tax
  • Deals with local governments would not be preempted, allowing for local government opt out
  • compliance would occur with the state controller
  • retains privacy for property owners, who would not be disclosed to the…

INTERIM. Editorial. TX City Changes Eminent Domain Process. Gets it Right in 3 ways.

What good acts did Dallas City Council do on eminent domain?

  • After hearing from a constituent that could not afford to relocate based on the city’s offer, the city paused the project to find a better solution.
  • City Council members also forced a review of the city’s eminent domain procedures
  • City Council returned to a 2 step eminent domain process.
    • Step 1: Try to reach an agreement with the land owner
    • Step 2: When no agreement is reached, City Council must separately approve eminent…