Category Archives: 2019 legislative issue

Lege TREND. Amendent to Reign in LOCAL EMINENT DOMAIN in a Park Funding Bill

Missouri legislators amended HB 1044 (2019 |MO) a park funding bill to include this amendment to ban local governments from using eminent domain for parks and recreational space.

the amendment: 

67.920. Notwithstanding any other law to the cont
rary, no political subdivision shall use eminent
domain or condemnation proceedings to acquire property
for a recreational use including, but not limited to,
a park or trail.
“;
 

Lege TREND. Compensation Calculation Built on Rebuilding. New. Interesting.

Alabama’s HB 38 (2019 | AL) would define compensation for eminent domain purposes as:

“wholly reconstruct the existing property as it exists” at the time it is valued by an assessor.”

AL.COM | Mobile launches a ‘game changer’ with inaugural departure from Downtown airport 

Lege TREN. 2 Reasons Texas Eminent Domain will Increase Energy Costs

The Consumer Energy Alliance says SB 421 (2019 | TX) could increase energy costs by:

  • Pipelines will cost more to build
  • The increased cost of pipelines, and delays in building pipelines, will raise feul costs

San Antonio Express News | SB 421 may cause spike in energy costs

 

Local TREND. Short Term Rental Rules. Mile High City.

  • 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

Colorado…

+1 State to Cut Eminent Domain for Utilities. No eminent domain for private gain.

Maine LD 271 (2019 | ME) would:

  • tie the use of eminent domain to only projects that offer relaible service
  • what does this mean? there must be a direct benefit to Mainers
  • if eminent domain increases profits, that cannot justify the eminent domain

Penobscot Bay Pilot | Sen. Miramant introduces bill to restrict use of eminent domain by utility companies

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

Pasadena Star News | Renters of Caltrans-owned homes in South Pasadena get to buy them $970,000 below market

 

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
    • email 

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