Category Archives: 2019 legislative issue

Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

  • DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
  • FERCs approval process violates landowners’ constitutional…

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

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

3 Ways a Texas City Does Not Allow Short Term Rentals

The city: Grapevine

The methods to prohibit short term rentsls:

  • zoning rules prohibit short term rentals
  • ordinances clearly define what a short term rental is
  • the city will being an outreach campaign explaining the prohibition on short term rentals

What do supports of prohibiting short term rentals say?

  • short term rentals bring noise complaints
  • short term rentals bring parking complaints
  • short term rentals are just party houses
  • short term rentals harm property values

Ft. Worth Star…

Campaign TREND. Ballot Proposition on Eminent Domain.

Colorado Secretary of State this week certified Amendment 74 that will:

  • ensure fair compensation
  • responds to punitive government action
  • protects all private property owners, including homeowners, businesses, farmers and ranchers, urbanites and suburbanites
  • will prohibit state or local governments taking their property by reducing its value without compensation

Valley Courier | Property rights initiative certified for November ballot. 

8 Property Rights Points from Rural Land Owners. Pipelines from Permian Basin to the Texas Gulf.

A lawyer representing rural landowners writes:

  • Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
  • Are we rubber stamping common good projects for public use/benefit?
  • Why are we taking land before the process is approved by the courts?
  • We need to look at the costs and benefits of eminent domain
  • What happens to old pipelines and how does this get factored into the costs and benefits?
  • Landowners are in an…

Local TREND. 3 Ways The Right Fights Cities & Supports Short Term Rentals.

Where:​ Florida

What’s special about FL cities’ short term rental ordinances?  local fines on unlicensed short term rentals are some of the highest in the nation.

How bad has it gotten? Miami Beach paid for a floating billboard accusing short term rental platforms of being cozy with state law makers Miami Herald

What have conservatives done to actively support short term rental platforms?

  • Lawsuits. Bring causes of actions against cities
  • Legislation to preempt local ordinances
  • Model…

Property Rights TREND. Chronic Wasting Disease Rules. 4 Key Points. Apple Blossom State.

Michigan’s new hunting rules to combat chronic wasting disease include:

  • Reduce Antler Requirement. In the 16-county CWD Management Zone, reduced the 4 pt. on a side requirement to at least 1 3 inch antler
  • Private Land license. Created a discounted antlerless license in the CWD Management Zone on private land
    • limited to 10 per hunter
  • Ban urine based lures. Statewide ban on the use of all natural cervid urine-based lures and attractants
  • Ban baiting & feeding in Management Zone. Immediate…

Legal TREND. Requiring State Court Action Before Federal Courts on Property Rights.

Why should I be paying attention? The US Supreme Court will take up Knick v. Township of Scott, Pennsylvania 

The issue:  Pennsylvania wants to protect its right to handle land use fights in state courts

What states are supporting PA? UT, CA, MA, IN

Washington Examiner | States battling to keep their land use disputes away from federal courts 

LOCAL TREND. Anatomy of a City Audit on Short Term Rental Enforcement

City: Portland

What did auditors find? 

  •  “lax” enforcement
  • negative impact on affordable housing 
  • operators are not complying with liecening requirements
  • 1 in 5 are permitted 
  • success in collecting lodging taxes
  •  loose inspections and minimal safety requirements, especially related to fire safety

Mayoral repsonse: Negotiate deals with the comapnies to obtain a list of unpermitted properties

KOIN6 | Audit: Portland’s ‘lax’ at regulating short term rentals  

Property Rights: Property Rights in Online Data? Activist Legislation Say Yes, Yes Please.

Activists are promoting an Internet bIll of Rights, the kind of bill state legislatures love. What would it do to online property rights?

Create ownership rights in:

  •  personal photos, images, videos, writings and recordings
  • that get uploaded to a cloud, social media or wesbite
  • prohibits the of the photos, images, videos, writings or recordings without consent

Connecticut Post | We Need an Internet Bill of Rights