Category Archives: 2019 legislative issue

Lege TREND. Statewide Short Term Rental Bill.

The Bill: Maine’s LD 209 (ME | 2019) will:

  • prohibit cities from banning short term rentals
  • allow for local regulations related to health and safety

Supporters say:

  • This is about property rights
  • IN 2018, Maine AirbnB hosts earned  $66 million

Opponents say:

  • Cities should have control
  • Removes local governments to seek remedies from bad actors
  • Opponent sinclude: Maine’s Municipal Association, Hospitality Maine, Cottage Connection of Maine, Vacation Rental Professionals of Maine and Maine…

Legal TREND. Asset Forfeiture + U.S. Supreme Court Win.

On Wednesday, the US Supreme Court applied the 8th Amendment’s ban on “excessive fines”  to states and local agencies.

Bonjour! to all state bills on asset forefeiture limitations you’ve found your newest ally.

Timbs v. Indiana

ScotusBlog | Timbs v. Indiana

Governing | Supreme Court: Constitutional Ban on ‘Excessive Fines’ Applies to State and Local Governments

Legal TREND. Railroads and Eminent Domain in Texas.

Which side is singing praises of a court order? Opponents to high speed rail

What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.

Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.

Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…

Lege TREND. Texas State Representative Eminent Domain Supports 3 Changes. Hello to you Pipelines & Transmission Lines

Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:

  • Stop companies from acquiring land with inadequate compensation
  • Disclose exactly what will be built
  • Disclose exactly what will be buried (Bonjour pipelines and transmission lines)

Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat

Public Meetings for Private Eminent Domain. Transmission Lines v. Pipelines in Texas via Texas and Southwestern Cattle Raisers Association

In Texas transmission lines present a proposal to the Texas Public Utility Commission and pubic hearings occur.

In contrast, in Texas common carrier pipelines do not have similar requirements.

Texas and Southwestern Cattle Raisers Association are calling for greater transparency in eminent domain.

Morning Ag Clips | Public meetings on eminent domain a good start

2 Ways Bill Strengthens Property Rights. Actual Progress Higher Standards.

HB 1253 and SB 554 (TX | 2019)  will:

  • Requires a condemning entity to fulfill 3 of 5 actions to avoid repurchase by the landowner
    • Current standard is 2 of 7
  • Eliminating purchase of adjacent property as indicative of actual progress

Navasota Examiner | Leman files bill to enhance private landowner rights 

Lege Trend. 2 Limits on Pre-condemnation Access in Texas

HB 1242 (TX | 2019) prohibits pre-condemnation access for high speed rail unless TXDOT determines that the entity seeking access is a railroad.

HB 1245 (TX | 2019) will grant:

  • landowners the ability to refuse pre-condemnation access
  • allow recoup of damages during surveying
  • landowners can negotiate terms of surveying

Lufkin Daily News | ASHBY: Legislative work begins in earnest

Lege TREND. Anatomy of a Statewide Short Term Rental Bill.

State: Massachusetts

The bill: H4841 (MA | 2018)

What does this statewide short term rental bill do?

  • register with the state
  • minimum of $1 million in insurance
  • 5% tax to the state
  • Cities can impose an additional 6% tax
  • Creates state affordable housing fund
    • funded by 3%  tax on property owners with 2+ short-term rentals in the same city
  •  Exempts properties rented for fewer than 14 days/year

Governing | As Airbnb Battles Cities Trying to Regulate It, One State Joins the Fight 

Lege Trend. 1 bill. Land Owner Compensation + Precondementation Access Limitations.

Virginia’s SB 1421 (VA | 2019) will:

  • Compensation. Require consideration of “everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.”
  • Permission to Enter…