Category Archives: 2019 legislative issue

Local TREND. 8 Point Local Ordinance in Golden State with Fire Extinguishers + Tier 2 restrictions.

Long Beach proposed short term rental ordinance will require:

  • Register with the city
  • Provide a local 24-hour contact
  • Post city requirements in the unit
  • Provide a map of fire extinguishers and escape routes
  • Get at least $1 million in property liability insurance
  •  12 percent transient occupancy tax rate
  • City Nuisance regualtions apply
  • 3 violations in 12 months, 12 month suspension from operation

What are tier 2 restrictions that are being talked about?

  • prohibit large-scale events
  • 10…

Business TREND. Property Rights + Medical Housing. Sharing Economy meets Health Care.

What business? Airbnb launches a Medical Care Housing Program on its OPen Homes PLatform

What will the platform’s goals?

  • free, temporary housing for patients and their families traveling for treatment or respite stays
  • a feature for people to volunteer their homes on Airbnb and evolved from an Airbnb property owner who wanted to share their home for free after Hurricane Sandy

Cure Today | Airbnb Announces Medical Care Housing Program at Biden Cancer Summit 

TREND. Reform Eminent Domain. Save the Economy. Editorial.

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

  • must do everything to protect property rights, or investors will not trust to invest
  • it will end activists and politicians from atacking property rights
  • no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent…

3 Reasons Private entities should use and have eminent domain authority.

Testifying before the Texas House Land and Resource Management Committee, the Institute for Poilicy Innovation says private entities should have the power of eminent domain because:

  • policymakers should remain neutral in how eminent domain is applied to private industries
  • “Government should not be the only entity to exercise eminent domain” because then only government would be building infrastructure
  • “private sector build(s) as much of our infrastructure as possible, with private risk…

Local TREND. Property Rights. Public Access to land with Grave Sites.

Local government: In 2012, Scott Township, in eastern Pennsylvania, required land owners to provide public access to grave sites, if the township determined there may be a gravesite

How precondemnation access came into play: Officials toured the property, identified some loose stones that may mark a gravesite, and required public access.

What happens under this ordinance if property owners do not grant access to grave sites? Fines.

Why does this matter? The US Supreme Court hears the case of…

Texas Attorney General Opinion. Land Owner Liability.

What question is being answered: whether Chapter 75, Title 4 of the Civil Practice and Remedies Code appl[ies] to private property owners on whose property agro-tourism related private aircraft lands.

What is the answer:  Yes, if:

  • a property owner conducting agritourism on his or her agricultural property invites or grants permission to individuals to enter the premises of the property for recreation
  • and, if all other elements of chapter 75  are met
  • that would include injuries or damages…

Campaign TREND. Labeling Eminent Domain as a "Politician's Tool"

Where is this election : Gilroy, California

Election for: City Council

what eminent domain tagline emerged?  When a candidate suggested eminent domain to redevelop a downtown street, the respons was that “eminent domain is a politician solution”

Gilroy Dispatch | Candidates have plans for downtown 

3 Problems with Eminent Domain in Texas. Hello 2019 Legislative Session.

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

  • profits often outweigh the rights of landowners with some pipelines & transmission lines
    • agents may pocket any money budgeted that isn’t paid to land owners
    • disincentivizes fair offers to landowners
  • Intimidation. The team of lawyers of pipelines and transmission line companies
  • adequate offers are essential so landowners are treated like partners…

ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.

  • Zoning should be a regulatory taking
  • Compensation should be triggered by any regulation that reduces propety value by 25%
    • Works in tandem with restoring a property right in property use
  • The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
  • Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

 

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019

ACTIVIST TREND. Private Property Eminent Domain Reform. 2019. Texas. 3 Legislative Reforms.

  • Shift burden of proof from land owner to condemnor
  • Reduce court deference to local governments and state agencies in proceedings
  • Restore a constitutional right to USE  property

TPPF Legislator’s Guide to the Issues 2019