TRENDS 2018 Local Property Ordinances

  • NH town wants to redefine nuisance to cover more blighted property
  • IL town wants noise and light regulations for wind turbines
  • Spokane WA wants to prohibit drone use that is dangerous
  • 5 Cities Fight Blight with vacant property TAXES
  • Farmington UT used a Agricultural Protection Area to protect farm land from eminent domain
  • Southington, CT sends blight citations to housing court rather than fines and police enforcement

Legal TREND. Texas Supreme Court + Short Term Rentals + Restrictive Covenants = Win for Short Term Rentals

Court: Texas Supreme Court 

Case: Tarr v. Timberwood Park Owners Ass’n, Inc.

Did restrictive covenants stop short term rentals? No, short term rentals can continue. 

How did short term rentals continue in the face of restrictive covenenants that limit use of a property to single-family residences?

  • Covenants did not address leasing of property
  • Covenants did not require owner occupation
  • Since covenants addressed neither, there was no prohibition from short term leasing

Legal TREND. Housing Fine Caps.

When Missouri capped local revenue from trffic tickets at 30%, the number of fines issued for housing violations skyrocketed.

39% of the adult population in Pagedale, Missouri was issued a housing fine.

Lawsuits ensued.

This week a consent decree was entered that will:

  • require the city to re-write its housing code
  • require good cause prosecution for housing fines
  • no jail, no contempt charges

institute for justice | Federal Court Approves Historic Consent Decree Ending “Policing for Profit”…

Local TREND. Revising Nuisance Ordinance for a Reason that is not short term rentals.

Ordinance Proposal will define a nuisance as:  ” “any condition or use of property which unreasonably interferes with health, safety, peace, comfort or convenience of the general community and is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such property is located.”

Fine:  fine of up to $1,000 or remedy within 10 days

City: Raymond NH

Opponents say: This is not live free or die. If…

3 Reasons to Allow Short Term Rentals from the Right.

Texas Public Policy Foundation sets forth these reasons to support short term rental industry:

  • People should have a right to rent out their homes
  • Don’t add regulations for short term rentals, reduce regulations for hotels/motels to level the playing field
  • “an intrusion by the government into the lives of everyday” people

TPPF in the New York Daily News | PEOPLE SHOULD HAVE A RIGHT TO RENT OUT THEIR HOMES SHORT-TERM: DEFENDING AIRBNB IS ABOUT PROTECTING BASIC FREEDOM

Anatomy of a Annexation & Tax Initiative. Vote Thresholds.

Where: California’s Initiative – Tax Fairness, Transparency and Accountability Act of 2018- is gathering signatures for November 2018 ballot

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for annexation?  Require residents in the land to be annexed to vote

 

What would the Tax Fairness, Transparency and Accountability Act of 2018 require for a tax on the newly annexed property?  Require a 2/3 vote approval for taxation of the newly annexed land

The Signal…

Local Bond Measure Fails = No Eminent Domain. 3 Results for Local Businesses

Where is this happening? Wichita Falls, Texas

What bond measure failed with 75% voting against it? A proposed municipal center

What happened as a result of the failed bond measure?

  • The businesses located at the proposed municipal center site were not taken via eminent domain 
  • The businesses have noticed an increase in business
  • “”It brought back a local interest from people that kind of thought well they’re gone,” Ward said.

News Channel 6 Now | Bond-election reawakens interest in downtown…

Legal TREND. Property Rights to Food Vendor Trucks. 5 city tour of food truck ordinances/

5 Cities where the Institute for Justice is/has been legally fighting food truck ordinances in:

  • San Antonio
  • El Paso
  • Louisville
  • Baltimore
  • Chicago
  • Gibraltar Wisconsin

The argument supporters of food truck rights are using: fighting economic protectionism

IJ.com | Fish Creek Food Truck owners Threatened with Fines Fight Back

Local TREND. Eminent Domain for an Animal Shelter

Sevier County, Tennessee, is considering eminent domain to take possession of a county animal shelter that is without an operating contractor.

Where did the idea of eminent domain for an animal shelter come from? the Sevier County Budget Committee

How was eminent domain received by the commissioners? “I am always very reluctant to use the power of condemnation unless absolutely necessary. Therefore, I continue to believe the best solution for our citizens and the animal welfare is for the…