Category Archives: 2019 legislative issue

Refreshing our Recollection | Read the Bills: State Preemption Short Term Rentals

Tennesee

  • HB1020 (2018 | TN)
  • allows local govenrments to ban or limit short term rentals by ordinance
  • grandfathers in existing short term rentals into local ordinances

Arizona

  • SB 1350 (2016 | AZ)
  • local governments cannot prohibit short term rentals
  • touted as “financial breathing room” for families

 

Washington Post | Political contests erupt as cities and hotel industry struggle to curb Airbnb

Lege TREND. Short Term Rentals. Events at Short Term Rentals = 2Unintended consequnce

Arizona passed a state short term rental law that requires cities to allow short term rentals. 2 unintended consequences:

  • Special Use Permitting by Cities for Events Some cities, like Mesa, are considering moving short term rentals that are used for events to a special use permit for events. Current ordinance does not allow residential properties to be permitted for special events.
  • Alcohol restrictions in special use permits, but not short term rental laws. If a special use permit is issued…

Kelo Fix loophole. Cities Using Eminent Domain to Boost Revenues? WHERE. WHAT. HOW.

WHERE: Illinois

WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue. 

HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.

KPVI | Some Illinois cities eye eminent domain to boost revenue

Legal TREND. The US Supreme Court & Pipelines

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

Eminent Domain = Crony Capitalism Economic Development. 3 examples

 

  • increased economic activity from eminent domain projects are not always realized
    • for example, the land taken in Kelo v. New London remains vacant
  • In Wisconsin eminent domain is being used for a FoxConn economic development project
    • After the use of eminent domain, the same taxpayers will subsize FoxConn salaries 17 cents on the dollar
  • the border wall showcases that not all landwoners are receiving adequate compensation amind allegations tha tonly wealthy landwoners are being…

Campaign TREND. Anatomy of a Eminent Domain and Pipelines in a Congressional Open Seat. Who.Where. What.

Who: Lewis (D) and Cline (R)

Where: Virginia’s open Congressional District 6 being vacated by a (R).

What eminent domain views?

  • The D opposes both eminent domain and raises concerns about pipeline safety
  • The R supports Pipelines but wants federal legislation that:
    • limits the use of eminent domain to projects that “would be necessary for the government to provide an essential service.”
    • offers more publiuc input in the pipeline permitting process

WSLS | News 10| What you need to know…

Lege TREND. States with enacted statewide short term rental legislation. Compare. Contrast. The Bills.

Tennesee

  • HB1020 (2018 | TN)
  • allows local govenrments to ban or limit short term rentals by ordinance
  • grandfathers in existing short term rentals into local ordinances

Arizona

  • SB 1350 (2016 | AZ)
  • local governments cannot prohibit short term rentals
  • touted as “financial breathing room” for families

 

Washington Post | Political contests erupt as cities and hotel industry struggle to curb Airbnb

 

Lege TREND. Eminent Domain Compensation legislation for 2019.

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…