Legal TREND to Watch. US Supreme Court Affirms Eminent Domain Protestor Case

The U.S. Supreme Court agreed to allow the case of an eminent domain protestor, who was arrested at a city council meeting, to proceed.

What is the eminent domain protestor claiming? That he has a 1st amendment right to protest 

 

 

Land Use regulatory TREND. Real Estate License Requirements for Short Term Rentals?

State:Pennsylvania

The regulatory requirement for managing short term rentals: a real estate broker licensing requirement that “makes it a crime for anyone but a fully licensed real estate broker to help property owners manage rental properties on sites like Airbnb” 

Who challenged the regualtory scheme? The Institute for Justice

What have the courts done? Appellate Court has kept the licensing requirement in tact

What is the argument against a broker license for managing short term…

Legal TREND. Housing Fine Caps.

When Missouri capped local revenue from trffic tickets at 30%, the number of fines issued for housing violations skyrocketed.

39% of the adult population in Pagedale, Missouri was issued a housing fine.

Lawsuits ensued.

This week a consent decree was entered that will:

  • require the city to re-write its housing code
  • require good cause prosecution for housing fines
  • no jail, no contempt charges

institute for justice | Federal Court Approves Historic Consent Decree Ending “Policing for Profit”…

3 Reasons to Allow Short Term Rentals from the Right.

Texas Public Policy Foundation sets forth these reasons to support short term rental industry:

  • People should have a right to rent out their homes
  • Don’t add regulations for short term rentals, reduce regulations for hotels/motels to level the playing field
  • “an intrusion by the government into the lives of everyday” people

TPPF in the New York Daily News | PEOPLE SHOULD HAVE A RIGHT TO RENT OUT THEIR HOMES SHORT-TERM: DEFENDING AIRBNB IS ABOUT PROTECTING BASIC FREEDOM

Legal TREND. Property Rights to Food Vendor Trucks. 5 city tour of food truck ordinances/

5 Cities where the Institute for Justice is/has been legally fighting food truck ordinances in:

  • San Antonio
  • El Paso
  • Louisville
  • Baltimore
  • Chicago
  • Gibraltar Wisconsin

The argument supporters of food truck rights are using: fighting economic protectionism

IJ.com | Fish Creek Food Truck owners Threatened with Fines Fight Back

Blight + Community Development Authority. Law Allows Development of Open Space. Local Ethics Policy Runs Counter? 3 Key Points.

Background: A local Wisconsin Community Development Authority is taking action to declare maintained properties blighted

What statutory language provides for development within an area under blight standards:

“an area which is predominantly open, and which because of obsolete planning, diversity of ownership, deterioration of structures or of site improvements or otherwise substantially impairs or arrests the sound growth of the community.” 

Community Repsonse: Organized the  Better Mount…

+1 State . Lege TREND. Trespassing on Critical Infrastructure like Pipelines. 3 Points from the Bill.

Louisiana Legislature is considering HB 727 (2018) that will:

  • pipelines and the equipment and structures
  • penalize trespassers with up to 5 years in jail
  • creates a new crime of critical damage to critical infrastructure
    • with up to 15 years jail time
    • a convicted person can also be charged the cost of prosecution

The Advocate | Environmentalists see proposed Louisiana law to protect pipelines and penalize protesters as overreach

Legal TREND. LNG Exports and Property Rights. 4 Key Points to Know Now for Legislation later.

What issue are legal property rights centers looking at?  is there a public good, for eminent domain purposes,  when the public that benefits from the exported good is Europe or China?

What does this have to do with eminent domain? Pipelines, such as those that feed a LNG Export Center, are often uilt with the use of the power of eminent domain.

To exercize eminent domain constitutionally there must be a public use/public purpose for the land

How are property rights legal exeperts looking to…

Local TREND. 3 Arguments for Less Regulation of local food trucks. Food Trucks = Private Property Rights?

Empower Texas is arguing for statewide regulations for food trucks because:

  • Houston & Austin regulations, the 6th and 7th worst cities respectively, overburden these small businesses
    • Houston should eliminate “on-site bathrooms for food trucks on private property and the “electronic monitoring fee.”
  • It relies on this report from the US Chamber of Commerce that says food trucks have an average of ” 45 separate government procedures over 37 days and pay over $28,000 in fees for permits,…