Category Archives: land use

Private Property Rights. When a State Limits Mining Methods on Federal Lands.

State: California

Mining Method banned by state law for mining on federal lands: suction dredge mining

The property right interest: mining claim

What can state laws do in this case? State laws can supplement federal laws but cannot friustrate federal laws

Is this getting addressed by policy?regulations? statutes? courts? The US Supreme Court will consider whether to hear the case.

 

Pacific Legal Foundation | Briefing complete on cert. petition in Rinehart v. California

Eminent Domain. TXDOT. Right of way. Fraud. Forget flipping houses, flip right of way land. 3 pieces informed intel:

What is flipping right of way?  2 investors have been investigated by the FBI for buying right of way near I-35East, and arguing that land delveopment deals increased the land’s value when the land was sold to TXDOT.

What happened to the 2 investors? 

  • 1 entered a guilty plea to one count of conspiracy to commit mail fraud
  • 1 is awaiting trial

The amount garnered from the land transactions?  2 investors received $12.9 million above their purchase price

Dallas Morning News | Dallas man admits…

Lege Trend. Private Property Rights in Advertising Your Property. Advertising Replaces Preemption.

State: Utah

How did Utah end up protecting the right to advertise your property on AirBnB? 

  • The legislature left cities and counties with the ability to regulate short term rentals
  • But, the Legislature provided statewide protection by permitting advertising of your property on AirBnB platform. 
  • The advertising provision replaced a preemption provision. 

Utah House Bill 253 (2017) 

Moab Sun News | Rentals bill shifts focus to online advertising

 

2 Ways Austin's tree Ordinance violates Private Property Rights. +1 Solution

TPPF lays out 2 ways by which Austin’s heritage tree ordinance violates private property rights:

  • Tree ordinances are effectively seizing private proeprty without compensation
  • Control over natural resources dates back to the origin of private property rights

The legislative solution:  explicit statutory authority “that landowners own all the trees and timber on their land while also prohibiting a governmental entity from creating these kinds of regulations”

Statesman | Commentary: Austin tree…

Private Property Rights. Sunshine State Super Short. Super Powerful Bill on Vacation Rentals.

 A local law, ordinance, or regulation may not restrict
  the use of vacation rentals, prohibit vacation rentals, or
  regulate the duration or frequency of rental of vacation rentals
  based solely on their classification, use, or occupancy. This
  paragraph does not apply to any local law, ordinance, or
  regulation adopted on or before June 1, 2011.

Florida HB 425 (2017)

Sunshine State News | House Committee Approves Bill to Deregulate Vacation Rentals

 

HB 2556 Property Damage Cost Recovery. 4 Points from The Author

  • Property Rights are Sacred
    • ​“As a small business owner and real estate broker in Texas, I know firsthand that property rights are one of the most sacred liberties that Texans enjoy,” Holland said. 
  • Fair Market Value Offers will cut court costs
    • “HB 2556, my component of eminent domain reform, will empower property owners and commission condemning authorities to extend fair market value offers to deserving landowners, additionally saving our state from frivolous administrative appeals costs…

Show Me State. Show Me Property Rights. 3 Points informed: intel

  • demand responsible routing of utilities along property lines, boundary lines or section lines
  • require minimized land damage
  • Limits the amount of PSI exerted on soil

What supporters say: “protects our property rights from those who would steal our land for their own profit.”

How does the bill apply? It applies to all condeming entities BUT only to agricultural land.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills

2017. It's like 2005. Another Big US Supreme Court Case on Eminent Domain.

The Case:  Murr v. Wisconsin

The oral arguments: March 20, 2017

The eminent domain issue: Property owners wanted to sell some land. The city and state  said No, the property doesn’t meet requirements for stand alone sale because of waterway regulations.

How’s the case is shaping up?  CALIFORNIA, HAWAII, ILLINOIS, MAINE, MASSACHUSETTS, MINNESOTA, OREGON, VERMONT, AND WASHINGTON are siding with Wisconsin. While NEVADA, ALASKA, ARIZONA, ARKANSAS, KANSAS, OKLAHOMA, SOUTH CAROLINA, WEST VIRGINIA,…

Private Property Rights. Home Sharing Regulations. 5 Keys to Effective Regulations.

A Wharton School of Business, President Trump’s Alma Matter, features an interview with Wharton’s Kevin Wherbach offering these tips and examples to foster nascent industry:

  • Look to the FCC and its treatment of Skype. Skype didn’t fit neatly in industry categoried and regulations. FCC VOIP regulations were written such that the door was left open and Skype flourished by working with regulators.
  • Don’t rush to impose traditional rules on ride share companies like Uber.
  • Anti-trust case against…

Land Use. TREND. Easements to preempt government action.

Legal experts at Stanford say which easement would offer property owners protections from fracking:a conservation easement which they’ve named a mineral estate conservation easement (MECE) 

What’s not needed for a conservation easement: government regulation

The property value impact of a MECE: the property value is diminished but offset by a tax write-off

Are MECEs permitted in Texas? Yes

Standford News | New analysis suggests ways for landowners to limit fracking and mineral extraction…