Category Archives: legislation trend

Lege TREND. Governor Protects Open Space from Eminent Domain.

Pennsylvania Governor signed  HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Patch | Stoneleigh Response Eminent Domain Bill Signed…

Local TREND. Fees on Short Term Rental to Fund Domestic Violence Shelters. Where. What. How Much.

Where: Chicago

What do short term rental taxes/fees currently look like: 

  • Chicago has a 4% surcharge on short term rental platforms
  • The surcharge & fee are on top of the 17.4% hotel/motel tax
  • Chicago has a $10,000 license fee for platforms
  • Chicago also imposes a $60 per-unit fee

How much is the new proposed fee? An additional 2% fee earmarked for shelter beds for victims of domestic abuse

Illinois Policy | The mayor’s proposed 2 percent fee would punish short-term rental customers and…

Lege Trend. Short Term Rental Registry. What you need to know.

Massachusettes Legislature is considering a short term rental regualtory structure that would create a data base for short term rentals.

The data base would:

  • maintained by the state agency with oversight
  • including information regarding Host
  • available for public review
  •  individual names will be redacted from the records available for public view

H3454 (2018 |MA) 

Private Property Rights in the Middle of a State Budget Fight.

Short Term Rentals, and the tax on short term rentals, became a bargaining chip in New Jersey Legislators.

Estimated annual revenue from the short term rental revenue in New Jersey: $250 million 

How New Jersey Would tax Short Term rentals:

  •  expand sales tax
  • apply the state’s  6.625% sales tax to r entals of fewer than 90 days would be taxed

NJ.com | Tax on shore rentals? I don’t like it, Phil Murphy says of Dem leaders’ key budget offer.

Lege TREND. How an eminent domain prohibition bill carved out utilities.

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

  • a court grants permission because there is no other reasonable and prudent alternative
  • its a utility exercizing…

Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Compensation in the Bitterroot State Constitution

State: Montana

What phrases does the Montana Constitution use for compensation for a taking by the power of eminent domain?

  •  “full extent of the loss having been first made to or paid into court for the owner.”
  • “just compensation shall include necessary expenses of litigation to be awarded by the court when the private property owner prevails.”

Key phrase Shorthand? Attorney fees, court costs, and full extent of the loss

Montana Constitution Article II, Section 29  

Local Lonestar TREND. Short Term Rental Ordinance Requires Inspection + Notification to Neighbors

City: Coppell

The short term renal ordinance passed by Coppelll City: 

  • must be owner’s primary residence
  • must be registered with the city
  • requires an emergency contact number be provided
  • property be inspected
  • notification to neighbors within 100 feet with a 24-hour hotline number for complaints

Coppell Gazette | Coppell City Council passes short-term rental ordinance 

Local Trend. Ordinance Limits Short Term Rental Properties.

Where: Boston, Massachusetts

Which properties can be offered for short term rental? Owner Occuppied Properties

Which properties cannot be offered for short term rental? 

  • properties occuppied by tenants
  • properties owned by investors

Boston Globe | City Council passes tough rules that limit Airbnb rentals.