Local TREND. Rental Property Inspections = Private Property Rights Violations?

Institute of Justice is representing a class of renters in Seattle to challenge the city’s ordinance that requires inspection of rental property.

The ordinance: Rental Registration and Inspection Ordinance,  Seattle Municipal Code 22.214.

When tenants refused entrance to the inspector a fine of $500 per day until the landlord persuaded the tenant to permit the inspector to inspect the premise.

Institute for Justice | Seattle mandatory rental inspection Law

Local TREND. Anatomy of an Economic Development Plan with Eminent Domain. Who. Where. What.

Who: Amazon Headquarters 2

Where: New York

What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate

What specific eminent domain offers were made?

  • “Subject to public approvals, ESD is empowered to acquire, encumber and dispose of any real property interest, including through eminent domain,”
  • ““ESD can also override local zoning, offer tax subsidies while holding title to a property, and provide lower-cost…

Anatomy of a Bill that Sped up Water Project Development & Prohibited Eminent Domain

Florida’s SB10 (2017 |FL) did 2 things:

  • prohibited the use of eminent domain &
  • “mandated the construction of a reservoir south of Lake Okeechobee”
    • “to reduce discharges to the St. Lucie and Caloosahatchee estuaries in an effort to quash the harmful blue-green algal blooms that have wreaked havoc on Florida waters in recent years”

This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.

Florida Politics | U.S. Sugar…

Legal TREND. US Supreme Court. Endangered Species. Property Rights Win.

A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:

  • if a regulation declares a protected species
  • to protect the land, it also has to be shown that the land is a habitat for that species

CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach 

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

CAMPAIGN TREND. Property Rights Proposition with Broad Repercussions.

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns private property rights of whether drilling can occur near neighborhoods has broad implications:

  • Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
    • The companies have contibruted millions opposing the campaign
  • Oil and gas service companies will be impacted, many of which are home to other states
  • Investors impacted: financial services & private equity groups 

Red River Radio | Colorado…

Lege TREND + Legal TREND. Gov. Sues Attorney General over AG Opinion on Conservation Easements.

Where: Montana

What did this Attorney General Opinion say that prompted  a lawsuit by the Governor?

  • state land board is required to vote on all but the smallest conservation easements that state agencies proposed

Why is this a big deal?

  • Impacts a state program supporting Hunting & Fishing
  • Impacts private property rights by limiting use of ranch land

Missoula Current | Bullock sues AG Fox over approval authority for conservation easements

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