Welcome to the Future!
Where: South Lake Tahoe, CA
The lawsuit basis: ” infringes on the constitutional rights of property owners by arbitrarily restricting the number of individuals who can occupy a vacation unit”
The kicker: intereferes with people’s holiday plans
The local rules on short term rentals in South Lake Tahoe? 2 persons per bedroom & bans short term rental sin residential neighborhoods
AP | Legal fight arises over South Lake Tahoe rental home rules
Institute of Justice is representing a class of renters in Seattle to challenge the city’s ordinance that requires inspection of rental property.
The ordinance: Rental Registration and Inspection Ordinance, Seattle Municipal Code 22.214.
When tenants refused entrance to the inspector a fine of $500 per day until the landlord persuaded the tenant to permit the inspector to inspect the premise.
Institute for Justice | Seattle mandatory rental inspection Law
The City of St. Pete Beach built a new park.
The City then made maps, websites, physical signs, that suggested to the public that they were free to cross that private property to get to the beach.
The private property owners sued.
These actions- signs, maps and websites suggesting to cross private property are a taking tantamount to eminent domain.
Chmielewski v. City of St. Pete Beach, 890 F.3d 942 (11thCir. 2018).
This is the question at the heart of a lawsuit in Louisiana.
What does state law look like for eminent domain? To use eminent domain, an entity must receive permission from a regulatory agency.
Is this the middle ground between no eminent domain for private entities and no checks on the use of eminent domain by private entities?
The federal government’s Texas border wall illumates 3 eminent domain issues that impoact wildlife.
The border wall is planned to run through the National Butterfly Center, a reserve for residential and migratory birds and butterflies and the impact to wildlife has been:
The Monitor | EDITORIAL: Holy war: Government should reconsider planned…
A US Supreme Court decision this month in Weyerhaeuser vs. the US Fish and Wildlife Service held that:
CBN News | US Supreme Court Upholds Landowners Property Rights Against Gov’t Overreach
What tree ordinance is the center of a law suit? Township of Canton, MI that fines the removal of any “tree,” defined as anything with a woody stem and a three inch diameter. The fine is up to a $450 fine
Who sued? The Texas Public Policy Foundation
What happened to get here? A landowner removed trees ans shrubs on his land to clear up a flooding issue and to eliminate a mosquito issue caused by the flooding
F.P. Development, LLC VS. Charter Township of Canton, Michigan
What question is the Texas Attorney General Opinion? Are guests at recreational vehicle parks are licensees or tenants for eviction purposes?
Why does this matter? A tenant has exclusive possession & control of the premises with legal recourse; a licensee does not
RV guests, are they tenants or licensees?
Legislative Fix? Re-define “recreational…
Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.
The lower court said, no open records laws do not apply.
Next up: Appellate Courts.
How is this moving through the courts? Via The Center for Constitutional Rights
What information is The Center for Constitutional Rights looking for?