Category Archives: 2019 legislative issue

Legal TREND. Reality Check. Eminent Domain and the Border.

The 5th Amendment to the US Constitution trumps any emergency declaration.

For the math nerds: Private Property Protection > Emergency Declrations. 

“Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”’

Above the Law | Can All Lawyers Just Admit The Wall Will Never Be Built Because Of The Fifth Amendment?

 

Anatomy of a new Short Term Rental Tax.

Massachusetts Governor Baker signed a 1st in the nation, short term rental regulation & tax, that will:

  • create & fund a regional wastewater program for the Cape and Islands
  • estimed to generate $34.5 million annually in state revenue and $25.5 million in local funding through taxes
  • Policy goals:
    • levels the playing field with hotel/motels
    • preserves local control
    • protects consumers
    • offers a source of revenue from our visitors to finance a very pressing wastewater needs

Inquirer &…

Private Property Rights. Coastal Barrier Protection, Rep. Elect Mayes Middleton.

The private property rights issues related to the Coastal Barrier System:

  • Mayes Middleton opposes the displacement of any homes or businesses on Galveston and Bolivar Peninsula
  • the original intent of the project should be respected (which does not involve displacing businesses or homes) by returnign to the dune-line protection plan

Houston Chronicle | State Rep.-elect Mayes Middleton eager to prove his conservative bona fides

Eminent Domain. Church Land. Texas Court Case. Pre-condemnation Access.

The land at issue: On the border with Mexico is owned by the Catholic Church

Where are we in the process? The Bishop denied access to the land for surveying.

The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.

The issue: Does the church’s religious convictions trump any taking for a public purpose.

KVEO | Major Law School Helps Church Caufht in Border Wall’s Path

Legal TREND. Short Term Rental Lawsuit over number of Occupants as Anti-Christmas.

Where: South Lake Tahoe, CA

The lawsuit basis: ” infringes on the constitutional rights of property owners by arbitrarily restricting the number of individuals who can occupy a vacation unit”

The kicker: intereferes with people’s holiday plans

The local rules on short term rentals in South Lake Tahoe? 2 persons per bedroom & bans short term rental sin residential neighborhoods

AP | Legal fight arises over South Lake Tahoe rental home rules

 

Lege TREND. Anatomy of A short term rental deal in a State Legislature.

Massachusetts legislators have reached a deal on statewide short term rental bill that will:

  • exempt proprietors who file an affidavidt that they will not rent the short term rental for more than 14 days in a calendar year
  • does not apply the  5.7% hotel and motel room tax to these 14 day or less per year  rentals

AP | Massachusetts lawmakers reach deal on short-term rental bill

Commonwealth | Lawmakers reach short-term rental agreement 

Eminent Case Du Jour for Private Property Rights Think Tanks

The eminent domain case that will be repeated in legislative sessions:

  • GM shuts down factor built on land taken by eminent domain in 1981
  • 4000 people were displaced during the process

Reason | GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking 

+1 Local Government. No Eminent Domain for Private Gain. From the North.

Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:

  • prohibit private companies from using eminent domain to take property
  • public good should not include economic growth
  • ensure that landowners can negotiate for a fair price.

Are other Wisconsin counties doing the same thing? Yes, at least 6

Portage Daily Register | Columbia County Board favors eminent domain reform

Sawyer County Record | Rusk County passes resolution calling for…