Category Archives: land use

3 Ways Eminent Domain Could Re-Shape the Nation's 4th Largest City

The 3 pending eminent domain issues that could reshape land use in Houston, Texas:

  • Hurricane Harvey.  The city’s of eminent domain to re-purchase flood plain areas
  • High Speed Rail. Whether Central Texas Rail will be authorized to use eminent domain to obtian lands for its rail and stations.
  • Roads. Always, roads. More people = new roads and expanded roads.

Attorney General Opinion in the Bluebonnet State. Property Rights and RVs.

In Texas Attorney General Opinino Rquest, RQ-022-KP, we’re going to find out what property rights an RV has and what property rights a park owner has.

Get your arguments ready for the Attorney General.

Get your drafting pencils ready to write the bill to fix the opinion. 

Who requested the opinion: Charles Perry

The question for the Attorney General Opinion: whether recreational vehicle park guests-transient or temporary guests-are licensees or tenants

What arguments does the opinion…

Texas Attorney General Opinion. Private Property Rights.

Texas Attorney General Opinion Request: RQ-0219-KP

Requestor: Lyle Larson

Question the Attorney General Office is to answer:  Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?

Idaho Private Property Rights Bill Backed by Texas Billionaires? 3 Reasons for this Theory.

Refreshing our recollection, Idaho is streamling its civil and criminal trespass laws.

A theory in Idaho is that behind the bill are the Wilks brothers because:

  • The brothers have bought 172,000 of Idaho forrest that was previously open and is now closed to hunters, fishermen, ATV riders
  • There’s video of a Wilkes security guard having a run-in with a recreationalist
  • interaction between Wilks’ lobbyists with the bills supporters 

A legisaltor told a Wilks family member that Idaho isn’t Texas,…

Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

Anatomy of a Property Rights Group Opposition to Local Land Use. 5 New Preemption Bills + 3 Inverse Condemnation Compensation Standards

Where: La Plata County Colorado

The land use resrictions the La Plata Liberty Coalition Opposes:

  • County regulation of building height
  • County regulation of exterior facade colors
  • County regulations of screening structures and minimizing impacts on views
  • County regulations providing visual breaks to any structures’ facade
  • County regulations to avoid monotonous roof planes

3 County regulation topics that require just compensation:

  • requiring “open vistas”
  • preserving “scenic corridors”
  • “aest…

Land as Infrastructure. 3 Points from the Texas Agricultural Land Trust

84% of Texas land base is farm, ranch or timber and Texas legislators and regulators should think of land as infrastructure like:

  • Colorado that dedicates lottery revenue to private land conservation
  • Ohio that allows municipal water utilities  to get lower interest rate on loans for plant upgrades in exchange for funding land protection
  • Better funding of the  Texas Farm & Ranch Lands Conservation Program

Trib Talk |Blair Calvert Fitzsimmons|  Land is the state’s most critical infrastructure

Lege Trend. Short Term Rental. Dueling Legislation & Local Regulations.

Background: IN 2011 Florida passed a law provided for local regulation, but not for the duration or frequency of short term rentals. 

Local Cities Say No thank you:  After 2011, Miami and Miami Beach passed their own restrictions, with penalties of $20,000

Welcome to 2018. SB 1400 vs.  HB 773  at the Florida Legislature:

  • SB 1400 will:
    • explicit state preemption for permitting & inspecting vacation rentals
    • requires property owners to obtain licenses
    • sets fines and penalties at $1,000
  • H…

Local TREND. Parking Management on Private Property. State Takes Towing Authority from Local Governments.

Where:  Arlington, VA

What is the local ordinance? County government sought to require two signatures for a landowner to have a car on their property towed.

Which groups aligned against the local ordiannce to help landowners? The Arlington Chamber of Commerce sought to secure private property rights by ensuring effective parking management

What did the state law do? Retained the property owners ability to remive improperly parked cars on their private property & restricted local regulation…