Welcome to the Future!
Why should I be paying attention? The US Supreme Court will take up Knick v. Township of Scott, Pennsylvania
The issue: Pennsylvania wants to protect its right to handle land use fights in state courts
What states are supporting PA? UT, CA, MA, IN
Washington Examiner | States battling to keep their land use disputes away from federal courts
WHERE | Georgia
WHO | Gainesville City Council
WHAT | Gainesville-Hall County Land Bank under the 2012 Georgia Land Bank Act
What will the Land Bank do?
Will the Land Bank have the power of eminent domain? NO
Which state has this ballot proposition? Colorado Inititative 108 (2018)
What groups are backing the initiative? Colorado Farm Bureau & Oil and Gas Industry
What does the ballot proposition do? Switches compensation calculation to a fair market value standard
The opposition: Cities, Counties
Opposition Says the proposition will:
The Maplewood area of St. Louis, has an ordinance that can require a property owner that has had 3 calls to police to appear before a tribunal.
City: MicKinney, TX
Noise Ordinance Revision Background: Noise from 3 concrete plants, located in residential or “quiet zones”, sparked a cry from residents to revise the city’s noise ordinance
The amendments to the McKinney TX noise ordinance:
Arkansas Supreme Court joined other states finding that short term rentals are not commercial uses of property.
Vera Lee Revocable Trust v. O’Bryant, 537 S.W.3d 254 (Ark. 2018). Accord, Slaby v. Mountain River Estates Residential Ass’n, Inc.,100 So. 3d 569 (Ala. Ct. Civ. App. 2012).
Kentucky Appellate Courts find that short term rentals can violate covenants, but FL and WA courts disagree.
Harvard Law School | Short term rentals (such as Airbnb) held not to violate a covenant prohibiting…
Republicans in North Carolina, where Republicans control a super majority in each chamber of the Legislature passed on an eminent domain proposition in favor of a right to hunt and fish ballot proposition.
The Hill | North Carolina GOP seeks to remake state Constitution; Dems see power grab
Court: Wisconsin Supreme Court
Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?
The Court: No compensation for a bridge that blocks a billboard
The billboard company argument: the business has been deprived of “all economically beneficial use”
Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected…
Where: Boston, Massachusetts
Which properties can be offered for short term rental? Owner Occuppied Properties
Which properties cannot be offered for short term rental?
Boston Globe | City Council passes tough rules that limit Airbnb 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…