The 8th Circuit ruled that limits on yard signage cannot prevent 2 signs, if it permits 1 flag and 1 sign.
Category Archives: local government trend
Local TREND. No to Solar Farm. 3 Property Rights Issues
Where: Augusta County, VA
The proposal: County Board of Supervisors voted against a solar farm
What property rights are at issue?
- The county wants to maintain county property for the county inventory for a potential development
- The farm land owners want the option of solar
- Neighboring property owners are concerned about their property rights
New Virginian | Augusta County supervisors nix solar farm on 4-3 vote
Local TREND. 2 Ways Eminent Domain Hampers Economic Development.
Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.
With eminent domain, acquiring land would be:
- quicker
- cheaper
- makes rural and suburban areas more competitive for big economic development deals where land is easier to acquire
Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do
Local TREND. A Short Term Rental Ordinance Limiting Guests and Rooms.
Where: Raleigh, NC
What is Raleigh up to?
- limit of 2 adult guests
- allow rental of only 2 rooms in a home
- $500 violation fine
WRAL | Raleigh to limit number of guests, rooms Airbnb hosts can have
Lege TREND. Requiring Landowner Compensation for Local Ordinances. State Declared Inverse Condemnation.
Where: Pennsylvania
The Legislation: HB 827 (2019 | PA)
What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking
KYW | Pa. House debates bill to require compensation if DRBC bans fracking
Lege TREND. Preemption of Local Land Use Re: Animals
State: Missouri
Legislation: SB 391 (2019 | MO)
Land Uese issue: Prohbits counties from making stricter rules on concentrated animal feeding operations than the state Department of Health
Yes, state preemption over county ordinances for feedlots.
Legal & Local TREND. Privacy Rights in Your Car Parking.
A federal court has ruled that chalk marks on a car’s tires to denote how long a car has been parked in one space amounts to an illegal serach and seizure.
USA TODAY | Chalking tires to enforce parking rules is unconstitutional, court says
Local TREND. Ordinance to ban long term camping on your own land. Where. What. Why.
Where: Teller County, CO
What: Would limit property owners to 60 days of camping on their land
Why: Limit homeless encampments
KOAA News 5 | New ordinance to prevent long-term camping in Teller County
Private Property Rights. NEW legislative frontier: Your front yard. What can you do with it?
In Florida, HB 145 (2019 | FL) wants to allow you to grow veggies in your front yard.
Does the bill preempt local ordinances? yes, yes it does.
Florida Politics | There will be beets: Veggie garden bill headed to House floor
Legal TREND. Land Use. Billboards as Campaign Contributions?
Newly filed lawsuit: Tony Buzbee vs. Sylvester Turner and Clear Channel Outdoor
Why? billboards concerning AlertHouston feature Mayor Turner
Why the campaign contribution argument? According to the attorney, Clear Channel needs the mayor’s help to amend a billboard ordinance. That led to a conspiracy for billboards across the city with Turner’s picture.
Want to read more? The suit was filed April 17 in Harris County District Court, case No. 2019-27094.