Lege Trend. Grants with strings attached. No eminent domain.

The state that prohibits eminent domain with grant funds: Indiana

The grant funds that prohibit eminent domain: State Community Development Block Grant Main Street Revitalization Program, which requires local matching of $150,000 for a total $600,000 grant

The local government project that will use the grant funds:  widen, replace and extend sidewalks in Georgetown, Indiana in connection with the River Hills Economic Development District and Regional Planning Commission.

News and Tribune…

A Public Private State Data Project + Eminent Domain?

Kentucky is wiring the state for internet with the aptly names- KentuckyWired project.

To wire bluegrass country, the state  Kentucky Communications Network Authority (KCNA)is overseeing the public private investment.

What eminent domain rumors are swirling in the bluegrass? That homes are being taken away.

How did Kentuckywired respond:

  • Simply not true.
  • Most of the projec ti son public land
  • 99% of landowners have agreed to easements that correspond with existing above ground cable,…

TEXAS INTERIM CHARGES. 8. Property Rights + Eminent Domain + Land Use + Land Privacy + Blight

House Committee on County Affairs

#7 Land Development & Floods.  Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding. 

House Committee on Energy Resources 

#5 Wind Decommissioning & Property Rights. Examine how…

Private Property Rights. Anatomy of a Short Term Rental Ordinance in the Land of 10,000 Lakes.

Minneapolis, MN recently adopted short term rental ordinances which will:

  • Require hosts & services to be licensed by the city
    • No license fee will be imposed if the owner is present during the rental period
    • Host license fee will be $5,000 for the big actors & $630 for less than 150 rental options
    • Home owner license fee will range from $46 to $350 depending on the property’s tier

What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities

Fox 9…

Property Rights. Lege Trend. 3 Reasons Real Estate Broker Supports Short Term Rental Statewide Preemption.

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

  • The bills are pro-private property rights
  • The bills aren’t preemption, the bills are a starting point for local ordinances and rules
  • Allowing for  short term rentals…

Local Trend. Private Property Rights. Tiny Houses. Roadmap to Ordinances.

City: Portland Oregon

Current city ordinance that prohibits tiny houses on private property: A prohibition from people sleeping in vehicles.

What is Portland doing with the current prohibition while a specific ordinance is being crafted: Portland has suspended enforcement

What other policy issue is being tackled with tiny house policy? reduce homeless

What elements will the proposed tiny house ordinance contain? 

  • the proposed policy will allow people up to park three tiny houses or RVs…

4 Legislative Issues. Short Term Rentals in a Red State. Bill Text Included.

Indiana legislature is working through how to craft a statewide framework for short term rentals.

The 4 issues that are tanatmount to leadership:

  • input from property owners and from neeighboring property owners
  • economic benefit to property owners and the economic benefits to local commerce
  • preserve some local control
  • allow exceptions for nuisance issues 

WFYI Indianapolis | On Airbnb Issue, Lawmakers Weigh Tricky Property Rights Balance

This bill from 2017 will be reintroduced in…

Ordinance TREND + Legal TREND. Require Voter Approval for Eminent Domain.

The City: Littleton, CO & Wheat Ridge, CO

The voter approval requirement: To access urban renewal tools like tax increment financing or eminent domain require urban renewal

What did a district court in Colorado do with Wheat Ridge’s Ordinance?  The Wheat Ridge ordinance, related to mandating that any tax-increment financing package over $2.5 million first get the consent of voters, is pre-empted by Colorado’s supremacy on the issue.

What’s the city’s argument: voter approval will cost time…

Veto Rational- Need Eminent Domain to Protect Core Value of the State. Fuels Legal Eminent Domain Trend. Bill Text Included.

California Governor Jerry Brown vetoed a bill that would have funded acquisition of a beach access point. 

The reason for the veto? While the bill provided a means for beach access the bill precluded eminent domain.

Why does Governor Brown say the state needs Eminent Domain for this beach access issue?

  • Having the option of eminent domain was the intent of the author
  • The state should maintain the option of eminent domain to “public access to beaches and parks is a “core value to this state…