Category Archives: land use

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…

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…

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…

Local TRENd. Short Term Rental Ordinance Cap

What kind of cap does a short term rental ordinance have? A cap on the number on non-owner occuppied properties that can be listed as short term rentals

What city is proposing the cap? Portland

What is the cap number? 300. 300 non-owner occuppied properties could be short term rentals

Policy goals? Protect the number of owner occuppied houses and prevent conversion of those houses/apartments into a continual cycle of short term rentals

Portland Press Herald | Proposal would further restrict…

Property Rights. +1 Activist Move to Limit Short Term Rentals to a Single Property.

Where: New Orleans

Association backing limitation: Residents for Ethical and Sustainable Tourism (REST)

Limitation on short term rentals proposed: 

  • only full time residences would qualify
  • valid homestead exemptions must exist
  • home owners must comply with safety regulation

Curbed | A proposed ordinance would limit short-term rental licenses to one per homeowner

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

New Kid on the Block. Anatomy of a Rural Association. 9 Types of Members +2 Unexpected Issues

WHERE: Oklahoma

WHAT: New Oklahoma Rural Association

WHO are members of the ORA?

  • energy
  • agribusiness
  • manufacturing
  • financial services
  • equipment
  • utilities sectors
  • including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
  • corporations
  • &  landowners.

Additional Issues they will engage the Legislature on:

  •  education
  • health care

The Oklahoman | New Oklahoma Lobbying Group to represent rural communities

3 Ways a Texas City Does Not Allow Short Term Rentals

The city: Grapevine

The methods to prohibit short term rentsls:

  • zoning rules prohibit short term rentals
  • ordinances clearly define what a short term rental is
  • the city will being an outreach campaign explaining the prohibition on short term rentals

What do supports of prohibiting short term rentals say?

  • short term rentals bring noise complaints
  • short term rentals bring parking complaints
  • short term rentals are just party houses
  • short term rentals harm property values

Ft. Worth Star…

TX Attorney General Request. Annexation. Fine Owners who vote no?

Requestor: Senator Donna Campbell

Question for the Atrorney General to Answer:  

  1. Whether it is permissible for a city to impose fees and fines on an unincorporated area within the city’s extra-territorial jurisdiction within five miles of a military base as part of the regulations suggested by a Joint Land Use Study?

  2. Whether San Antonio’s proposed annexation ballot language articulated below meets the standard of definiteness and certainty set forth by the Texas Supreme Court in Reyn…