Welcome to the Future!
The city: Nashville
The local enforcement mechanisms against home based businesses in Nashville: Nashville has a “home occupation law” that bans ” home-based businesses means local musicians, hairstylists and other aspiring entrepreneurs face steep fines and potential imprisonment if any customers physically come to their homes to do business.”
The Institute for Justice lawsuit hook: Nashville is preventing in home music recording studios. Music City is opposed to music.
The property…
The city: Charlestown Indiana
The code enforcement fines: Code enforcement violations began in the summer of 2016, after city council adopted fines that cannot be waived
The alleged goal of city leaders: revitalization
The court’s response to the code fines:
The public use:To build a rail spur
The land: 37 acres of Indiana farm land
The condemining entity and its compensation offer: St. Joseph’s County offered $344,000
The value awarded by the panel of 3 court appointed appraisers: $1.4 million.
Houston Chronicle | Land sought by Indiana county valued at 4 times county offer
Wisconsin Counties are passing resolutions to support legislation that would prohibit eminent domain for private gain.
Daily Jefferson County Union | Eminent domain reform reviewed
Why are cities suing? The cap on the amount cities may collect per network node violates the state constitution & is only a fraction of what cities have been getting from private companies
Does a right of way, like a network node right of way, have to be compensated? Yes.
What do supporters of the law say? “helps consumers and small businesses by improving the quality of the networks where they live, work and play.”
What do non-city opponents of the law say? The cap cuts out private…
PA Act 152 (2016) allows local governmental entities to implement a fee on the recording of deeds and mortgages in certain counties.
The fee will be dedicated to the local governmental entity’s county demolition funds.
The fee cap: $15
Requirements on local governmental entities that create a demolition fund:
First comes statewide tree ordinances and then come broad private property rights requirements in local governmental entity development plans.
Florida’s HB 207 (2017) would require:
Which Texas official is for sprinklers in every residential property? Texas State Fire Marshal
What are the policy agruments of builders?
What event can supporters point to?
A Republican State Senator in Florida has filed S 574 (2018) to curb local fees on tree removal.
The arguments to support the legislation:
News 10 Tamapa Bay Sarasota | Proposed bill gives state control over tree laws
The Wisconsin Legislature rejected the U.S. Supreme Court ruling in Murr v. Wisconsin that permitted regulation on adjacent properties that limited the ability to sell the property.
In response to the June ruling, the Wisconsin Legislature in November passed Assembly Bill 479.
The goal of the bill: to make sure the regulatory schemes that exist when land woners buy property continue to exist.
The bill is meant to “make sure that when people buy property, and they have expectations related…