The recommended bill draft language for municipal management districts expressly includes a provision for no eminent domain power for municipal management districts.
See page 41 House Committee on Special Purpose Districts Interim Committee Report
Category Archives: legislation trend
Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.
Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.
So what would this impact?
- potentially the amount of compensation for fair value determinations
- when the land can be taken by the government
- currently the land can be taken before a final determination of compensation
- this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…
Anatomy of a new Short Term Rental Tax.
Massachusetts Governor Baker signed a 1st in the nation, short term rental regulation & tax, that will:
- create & fund a regional wastewater program for the Cape and Islands
- estimed to generate $34.5 million annually in state revenue and $25.5 million in local funding through taxes
- Policy goals:
- levels the playing field with hotel/motels
- preserves local control
- protects consumers
- offers a source of revenue from our visitors to finance a very pressing wastewater needs
Private Property Rights. Coastal Barrier Protection, Rep. Elect Mayes Middleton.
The private property rights issues related to the Coastal Barrier System:
- Mayes Middleton opposes the displacement of any homes or businesses on Galveston and Bolivar Peninsula
- the original intent of the project should be respected (which does not involve displacing businesses or homes) by returnign to the dune-line protection plan
Houston Chronicle | State Rep.-elect Mayes Middleton eager to prove his conservative bona fides
Legal TREND. Short Term Rental Lawsuit over number of Occupants as Anti-Christmas.
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
Lege TREND. Anatomy of A short term rental deal in a State Legislature.
Massachusetts legislators have reached a deal on statewide short term rental bill that will:
- exempt proprietors who file an affidavidt that they will not rent the short term rental for more than 14 days in a calendar year
- does not apply the 5.7% hotel and motel room tax to these 14 day or less per year rentals
AP | Massachusetts lawmakers reach deal on short-term rental bill
+1 Local Government. No Eminent Domain for Private Gain. From the North.
Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:
- prohibit private companies from using eminent domain to take property
- public good should not include economic growth
- ensure that landowners can negotiate for a fair price.
Are other Wisconsin counties doing the same thing? Yes, at least 6
Portage Daily Register | Columbia County Board favors eminent domain reform
Sawyer County Record | Rusk County passes resolution calling for…
Update of Final Version. Anatomy of a Bill that Sped up a Pipeline & Transmission Line Tunnel
As signed by Michigan’s Governor, SB 1197 (2018 | MI) will:
- Include a plan for recruiting, training, and using Michigan workers for the tunnel project;
- Allow for multiple utilities to use the tunnel;
- Provide that the tunnel is built to last and will contain potential oil spills in the Straits of Mackinac;
- Limit liability for the state, the authority, and members of the authority;
- Require that all necessary government approvals be obtained for the tunnel;
- Prohibit the use of eminent domain…
Eminent Domain and Coastal Barriers. WHAT. WHERE.
What project? A coastal barrier project that will be a 71-mile long system of gates and levees
Where? Along the Texas Gulf Coast
How does eminent domain come into play? Businesses and residences on Bolivar Peninsula and Galveston Island could be impacted
Who would exercise eminent domain? Texas General Land Office
What do I need to know about TX GLO, eminent domain and the coastal barrier?
- eminent domain will e a last resort
- intent is to ” identify an alignment that minimizes and…
Lege TREND: Private Entities Get Regulatory Approval Before Using Eminent Domain?
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?