Category Archives: local government trend

Local TREND. Property Rights. Noise and Light Ordinances. Wind Turbines. 6 Requirements.

An editorial in DeKalb County Illinois is calling for local restrictions on a new wind farm that would address:

  • light pollution
  • minimize the disruption of blinking red lights
  • minimal or eliminated shadow flicker from the blades blocking sunlight
  • consistent setback requirements

What should be required of the wind energy companies:

  • pay the cost to improve roads
  • guarantee property values

Who should be protected by the ordinance(s) according to the DeKalb editorial:

  • land owners 
  • rural…

City Council Protects Farm Land from Eminent Domain by Designation. What you Need to Know:

Where: Farmington, Utah

How did the city council in Farmington Utah protect a 6th generation farm? By designating the farm an Agricultural Protection Area

What protections does an Agricultural Protection Area offer? 

  • Protection from zoning changes for 20 years
  • fortifies protections against eminent domain, but doesn’t 100% insulate the famr from eminent domain
  • safeguards the property against nuisance lawsuits related to farm noises and smells

can the designation be renewed?  Yes. 

Why is…

Local Ordinance. Requires 3rd Party Appraisals for Local Government Land Transactions with 2 Exceptions

Philadelphia Pennsylvania City Council is poised to require that all local government property transactions require a third party appraisal to determine the value of the property.

The bill makes 2 exceptions:

  • land taken by eminent domain
  • sheriff sales

Phladelphia Business Journal | Bill requiring independent appraisals on Phila. real estate deals likely to become law

The Model Code Property Rights Supporters Say Support State Preemption of Local Short Term Rentals

To support state action for short term rentals, supporters are touting: Arizona’s Private Property Rights Protection Act

Why is Arizona’s Private Property Rights Protection Act so important?  It allows land owners to be reminursed when regulations decreate their proeprty values, which with certain common-sense exceptions

The Hill |  Grassroot Institute of Hawaii | Property rights include the right to rent it out — even if others don’t like it

Local TREND. 3 Types of Ordinances on Drone Regulations & 3 Local Policy Concerns

3 Ways Colorado cities are proposing to regulate drones:

  • Allow residents to shoot down drones (ordinance failed to pass in Deer Trail, CO)
  •  Limit the methods of piloting a drone beyond that which the FAA has already designated (Newton, CO)
  • Greenwood. CO is using existing ordinances prohibit photographs, nuisances & harassment

The local governments raise the following policy reasons:

  • protect the quality of life of residents
  • protect privacy
  • limit recording of concerts and events by drone

 

…

Lege TREND. Preempting Local Short Term Rentals in the hawthorn Blossom State

State:  Missouri

The Missouri short term rental local ordinance premption bill: HB 2569 (MO | 2018) 

What would  HB 2569 (MO | 2018)  do?

  • prohibit municipalities from requiring a business license
  • prohibits home owner associations from blocking short term rentals
  • address how spaces are advertised for shirt term rentals to ensure a fee is collected

What do opponents say?

  • could impact the collection of the city’s tourism tax, because the bed tax (hotel/motel tax) is collected from a…

Blight + Community Development Authority. Law Allows Development of Open Space. Local Ethics Policy Runs Counter? 3 Key Points.

Background: A local Wisconsin Community Development Authority is taking action to declare maintained properties blighted

What statutory language provides for development within an area under blight standards:

“an area which is predominantly open, and which because of obsolete planning, diversity of ownership, deterioration of structures or of site improvements or otherwise substantially impairs or arrests the sound growth of the community.” 

Community Repsonse: Organized the  Better Mount…

Lege TREND. Causes of Action. Eminent Domain. No Eminent Domain for Local Governments That Get Eco Devo Funds.

Congress is considering HR 1689 which does the following:

  • No eminent domain can be used if the state or local government receives federal economic development funds
  • Private causes of action ca be brought against states and cities if eminent domain is used and economic development was involved
  • Prohibits State immunity in causes of action

 

3 Ways Eminent Domain Could Re-Shape the Nation's 4th Largest City

The 3 pending eminent domain issues that could reshape land use in Houston, Texas:

  • Hurricane Harvey.  The city’s of eminent domain to re-purchase flood plain areas
  • High Speed Rail. Whether Central Texas Rail will be authorized to use eminent domain to obtian lands for its rail and stations.
  • Roads. Always, roads. More people = new roads and expanded roads.