Category Archives: legislation trend

Lege TREND. End Run Around Kelo with Blight Redevelopment.

What’s happening in Georgia?

  • In 2006 Geogria passed Kelo based eminent domain reforms
  • In 2017, the Georgia Legislature has passed a bill to allow property to be acquired by eminent domain and to be transferred to a private developer if the property is blighted

Atlanta Constitution Journal | Watchdog: Georgia bill lets cities take blighted land for developers

Georgia House Bill 434  (2017) 

Private Property TREND. Statewide Vacation Rental Regulations from the Sunshine State.

Which state agrees local control is very 1995? Florida

What is Florida’s legislative hisotry with vacation rental bills?  

  • In 2011 Florida bafrred local regulation
  • In 2014, Florida Legislature returned some control to cities
  • In 2017, Florida is moving legislation to regain statewide control

What are supporters saying in 2017? That city regulations are infringing on property rights

What’s the 2017 legislation look like? 

  • invalidates any city ordiannce enacted after 2011
  • returns vacation…

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…

County has to be Granted Quick Take Authority By the State for Each Project. Name the State…

…Illinois

For a county to build a connector road project, the county has to receive authority for a quick take eminent domain from the state.

Once quick take eminent domain authority is granted, the county has 1 year to exercise eminent domain.

Herald & Review | Macon County awaits state action on eminent domain authority

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…

How the Palmetto State Frames No Eminent Domain for Private Gain

What’s happening in South Carolina? The South Carolina Legislature is headed to restrict or limit eminent domain for pipelines.

This is how the Republican Chairman of the Substantive Committee is framing the issue:

  • “Regardless of what we do with eminent domain” (a ban or harder regulator standards)
  • “the pipeline companies can still negotiate with landowners”
  • “to purchase an easement or right of way, or buy the property outright” (pipelines have options)
  • “We are talking about private,…

2 Show Me State Bills Restrict Utility Use of Eminent Domain.

The Missouri 2017 Bills: H.B. 640 and H.B. 795 

What the bills do:

  • restrict utility easements
  • limit eminent domain
  • require new projects to use existing easements
  • run any new routes along property boundary lines
  • requires agreement of 60% of landowners before using eminent

KTVO | Walker leads capitol rally on “Stop Eminent Domain Day”