Campaign Suggests Eminent Domain to Keep Rural Hospital Open. 3Bits to be informed.

The Candidate: Ohio Governor candidate Dennis Kucinich (D)

The eminent domain use: The City of Massillon, Ohio should use eminent domain to keep the Affinity Medical Center open

The public uses: a hospital & 800 jobs

Becker’s Hospital Review | Dennis Kucinich: Eminent domain should be used to prevent Ohio hospital closure

The Patch | One Town In Northeast Ohio Could Lose 800 Jobs In March

 

Lege Trend. Short Term Rental. Dueling Legislation & Local Regulations.

Background: IN 2011 Florida passed a law provided for local regulation, but not for the duration or frequency of short term rentals. 

Local Cities Say No thank you:  After 2011, Miami and Miami Beach passed their own restrictions, with penalties of $20,000

Welcome to 2018. SB 1400 vs.  HB 773  at the Florida Legislature:

  • SB 1400 will:
    • explicit state preemption for permitting & inspecting vacation rentals
    • requires property owners to obtain licenses
    • sets fines and penalties at $1,000
  • H…

Local Ordinance TREND. Spot Zoning. Short Term Rentals. Football Players.

Where: New Orleans, LA

The spot zoning: an ordinance that allows a certain property to pursue unrestricted short-term rentals

What’s the benefit of the spot zoning for short term rentals: Residential property in New Orleans has a 90 day maximum for short term rentals, the spot zoning removes this restriction

The football player:  owns the property subject to the spot zoning

How does eminent domain factor into New Orleans City Council? A city council member likened the zoning issue to taking…

Property Rights TREND. Local Ordinance: Prohibits Plants Higher than 10 inches. What?!

Where: New London, CT home to the Kelo v. City of New London of U.S. Supreme Court fame

The ordinance: Section 302.4 of the New London Property Maintenance Code

What garden items are prohibited by Section 302.4?

  • “all grasses, annual plants and vegetation,” that are more than 10 inches high.
  • except for trees, shrubs, and “cultivated flowers and gardens” 

The offending yard:  Has a “maintained” and “contained” bamboo garden for more than 30 years, longer than the ordinance has been in…

Local Trend. +1 Town Opposing Eminent Domain Use for Pipelines.

Add Monadnock, NH to the lsit of towns opposing eminent domain for pipelines in its area.

How did Monadnock get started on the no eminent domain resolution bandwagon? 2 years ago the town officially voted to oppose a natural gas pipeline

What action is it taking in 2018?  a petition warrant article that opposes pipelines and specifically opposes the use of eminent domain for pipelines

Monadnock, NH Ledger Transcript | Town may ban pipeline forever 

Local TREND. Parking Management on Private Property. State Takes Towing Authority from Local Governments.

Where:  Arlington, VA

What is the local ordinance? County government sought to require two signatures for a landowner to have a car on their property towed.

Which groups aligned against the local ordiannce to help landowners? The Arlington Chamber of Commerce sought to secure private property rights by ensuring effective parking management

What did the state law do? Retained the property owners ability to remive improperly parked cars on their private property & restricted local regulation…

City Approves Marijuana Growers to Fight Blight= Tax Weed to clean up weeds.

The City: Adrian Michigan

The proposal: “permit[s] commercial medical marijuana facilities, including growers, processors, provisioning centers, safety compliance facilities and secure transporters”

The 4 reasons commisioners supported marijuana facilities: 

  • Jobs that pay $15-20/hour
  • Funds for blight elimination
  • Economic development
  • Compassion for medical marijuana patients

LenConnect | Adrian OKs medical marijuana facilities

Local Trend. Banning Heliports in Napa.

What’s the land use proposal causing the gaffaw? Napa County may have a June 5 ballot initiative that would ban personal-use heliports on rural Napa County properties.

What are the private property rights arguments? Limiting the use of property infringes on private property rights

What is the current status of personal heliports in Greater Napa? allows personal-use airports and heliports with a county use permit

Napa Valley Register | Napa County private heliport measure supporters turn in…

Attorney General Threatens Eminent Domain for Sports Team After Stadium Plan Announced in Other State. 3 Key Points.

The Professional Sports Team: Crew SC, an MLS team in Columbus OH

What is the basis for the eminent domain threat by OH’s Attorney General?  “Art Modell Law” which Ohio passed after the Cleveland Browns moved to Baltimore

What does the Art Modell Law require? A professional sports team that receives taxpayer funds cannot move without approval of the city or without offering the team for sale

Fox 28 | Ohio Attorney General sends letter to Crew SC owner threatening to sue 

2 Lessons from a Mayor Fighting Blight with Liens and Sales

Wilmington, DE Mayor Mike Purzcki proposed to eliminate blight by:

  • imposing liens 
  • forcing sheriff sales of blighted property

The opposition killed it by:

  • raising concerns that a person’s home will be taken
  • raising concerns that property would be taken for a minor violation

What solution did opponents want? Protections in ordinance that limit the ability to take owner occuppied homes and to prohibit takings for minor violations.

Wilmington News Journal | Wilmington mayor’s…