Local Trend. Private Property Rights. Short Term Rentals- you betchya!

St. Paul, Minnesota is moving forward with new short term rental rules that would:

  • limit the number of short term rental units in a home or apartment building to 1/2 or 4
  • Cap on number of renters at 4 unrelated (AKA the party cap)
  • City taxes must be collected
  • The caps have some wiggle room for large buildings that have limited use permits and owner occuppied & present short term rentals

What sparked the short term rental rules? The 2018 Super Bowl is being hosted by the Twin Cities.

Twin…

Legal TREND. State Supreme Court. Restrictive Covenants Can Trigger Takings.

Kansas Supreme Court ruled in late July 2017 that a violation of a restrictive covenant by an entity with the power of eminent domain is a taking requiring compensation requiring just compensation.

Thats a lot of legal words, what does it mean? In this Kansas case it means that Kansas DOT acquired land that was restricted to single family homes via restricted covenant. When KSDOT builds a bridge or roadway on that land it creates a compensable damage to the subdivision that created the…

3 Reasons TPPF Supports Tree Ordinance Bills: (1) Abba (2) Espresso (3) Lunch.

TPPF position is that tree ordinances are:

  • Money, Money, Money. Condemnations that require just compensation (see the A.G. Opinion) & they impact the investment and economic opportunities of land owners.
  • Espresso sipping elitism. the arguments cities made to the A.G. when he reviewed the matter were supported by an east coast liberal law professor
  • Free Lunch. Can’t let cities get away with getting trees for free. Tree ordinances allow cities to get conservation easements for free. 

TPPF…

Property Rights Reform Brewing in Wisconsin after US Supreme Court Ruling.

Wisconsin legislators are working to bolster the state’s Landowner Bill of Rights by:

  • Grandfathering substandard lots to prevent a Murr v. Wis. like ruking again
  • Prohibit the deemed merger of land
  • Ensure property owners can repair and maintain existing structures
  • Allow property owners to utilize inverse condemnation

The goals of the bill are prevent another Murr situation by ensuring that:

  • people in situations such as the Murrs’ can sell or develop land adjacent to land that they already…

A.G. Opinion. Tree Ordinances are Likely a Taking. 2 Reasons Why.

KP-0155 sets forth the rational as to why tree ordinances are takings of private property. Here’s the 3 step argument:

  • If a tree ordinance denies “a property owner all economically beneficial or productive use of land;” it is a taking that requires compensation.
  • If a tree ordinances unreasonably intereferes with use and enjoyment of the property it can also be a taking that requires compensation. You get to this point by looking at 3 issues:
    • Is there significant economic impact to the…

US Supreme Court Authors 2017 Kelo Say Property Rights Supporters. 3 Key Points about Murr v. Wisconsin

The U.S. Supreme Court sided with Wisconsin in a property rights case last week. Property irghts activists are hanging their hats on the liberal majority in this opinion.

Murr’s property right sissue isn’t as clear cut as Kelo’s- should the house be taken. Murr owned multiple parcels of land and wanted to sell one parcel to build a cabin.

Standing in the way of the Murr’s cabin dream is a Wisconsin law that barred the sale because conservation rules treat the two lots as a single property…

3 Points from a Texas Editorial. Trees & Property Rights. East Texas Says Follow the Houston Model.

A Tyler Morning Telegraph editorial supports:

  • The “Save or Trees” advocates neglect that tree ordinances are about “Save our Property Rights”
  • Senate Donna Campbell has it right- tree ordinances that control how property owners use their land is tantamount to a taking of property
  • Follow the Houston model and convert city owned lands to green spaces to prserve trees

Tyler Morning Telegraph | Editorial: We can protect trees and property rights at the same time

Sharing Economy Trend. Country Lists Itself on AirBNB

the country: Sweden

How can a country list itself on AirBnB? In Sweden, the first law of the country is Allemansrätten which means you can freely roam, camp and forage.

Does Allemansrätten mena you can enter homes or cabins and pillage? No. Swedes aren’t inviting people to be Vikings. The law means you can pick some chantrelles in the forrest, it doesn’t mean pick the lock on the cabin.

Business Insider Nordic | The country of Sweden just became the world’s first to be listed on Airbnb -…

Private Property Rights v. 2nd Amendment Rights. The Loophole in the East.

State: Virginia

How are private property rights and gun rights butting heads? A retirement community is seeing gunfire from a neighboring agricultural land area on which the owner fires his guns

What is the loophole in the code?  landowners can fire their weapons on their land at pleasure “on any private property in a “basement, cellar, or target range,””

WY Daily | Gunfire near Colonial Heritage pits gun rights against property rights in James City County