Lege Trend. Grants with strings attached. No eminent domain.

The state that prohibits eminent domain with grant funds: Indiana

The grant funds that prohibit eminent domain: State Community Development Block Grant Main Street Revitalization Program, which requires local matching of $150,000 for a total $600,000 grant

The local government project that will use the grant funds:  widen, replace and extend sidewalks in Georgetown, Indiana in connection with the River Hills Economic Development District and Regional Planning Commission.

News and Tribune…

2 Ways a Texas City Annexation Plan is Not Lawful. So Says Texas Attorney General

Texas Attorney General Ken Paxton lays out 2 ways McKinney’s proposed annexation plan isn’t lawful:

  • the annexation notice violates the Texas Local Government Code and the Open Meetings Act
  • the notice for the Aug. 28 mcKinney City Council meeting violates the Texas Local Government Code and the Open Meetings Act

How the notices violate the Open Meetings Act and Local Government Code:

  • do not provide a description of the property the city plans to annex
  • the council’s agenda item was…

Property Rights Trend. Are developer fees a taking?

Property developers in Los Angeles California are charged a fee that subsidizes affordable housing.

How did this end up in court? Developers argued that the fees are tantamount to a taking of private property “for public use without just compensation.”

What happened in court? The U.S. Supreme Court on Monday, October 30, 2017, refused an appeal that upheld the affordable housing fee.

California State Courts found that the developer fees are:  a reasonable regulation of development.

Los…

Legal Trend. Is the Landowner Bill of Rights Optional?

What’s happening? Marietta Georgia argued before the Georgia Supreme Court that the 2006 Landowner Bill of Rights was optional.

What was the landowner’s argument? That the city had to follow the landowner bill of rights and provide a detailed appraisal prior to condemnation proceedings.

What did the Georgia Supreme Court say? 

  • Yes, the landowner has to be given a detailed appraisal before condemnation
  • If the landowner bill of rights were optional, the entire act would be impaired
    • Trans…

TEXAS INTERIM CHARGES. 8. Property Rights + Eminent Domain + Land Use + Land Privacy + Blight

House Committee on County Affairs

#7 Land Development & Floods.  Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding. 

House Committee on Energy Resources 

#5 Wind Decommissioning & Property Rights. Examine how…

Private Property Rights. Anatomy of a Short Term Rental Ordinance in the Land of 10,000 Lakes.

Minneapolis, MN recently adopted short term rental ordinances which will:

  • Require hosts & services to be licensed by the city
    • No license fee will be imposed if the owner is present during the rental period
    • Host license fee will be $5,000 for the big actors & $630 for less than 150 rental options
    • Home owner license fee will range from $46 to $350 depending on the property’s tier

What’s the rush on the ordinances? The 2018 Super Bowl will be in the Twin Cities

Fox 9…

Property Rights. Lege Trend. 3 Reasons Real Estate Broker Supports Short Term Rental Statewide Preemption.

A real estate broker in Michigan penned an op-ed supporting Michigan’s HB 4503  & SB 329 that prempt local ordiannces and home owner associagtion rules regarding short term rentals. 

The 2 bills provide for local control over noise, traffic, advertising and other conditions.

The real estate broker support for these bills:

  • The bills are pro-private property rights
  • The bills aren’t preemption, the bills are a starting point for local ordinances and rules
  • Allowing for  short term rentals…

Texas Attorney General Opinion. Land Use. MUD Fees. New Legislative Fix for MUD fees?

No, a MUD cannot use its funds to replace vandalized mailboxes in its jurisdiction. 

The Attorney General Opinion KP-0169 lays out which code sections that could be amended to include a MUD’s use of funds to repair or replace mailboxes:

  • TEX. WATER CODE§ 54.012. 

    TEX. WATER CODE§ 54.201(b), §54.236 and §54.242 add to the laundry list of specific revenues uses for MUDs

Local Trend. Private Property Rights. Tiny Houses. Roadmap to Ordinances.

City: Portland Oregon

Current city ordinance that prohibits tiny houses on private property: A prohibition from people sleeping in vehicles.

What is Portland doing with the current prohibition while a specific ordinance is being crafted: Portland has suspended enforcement

What other policy issue is being tackled with tiny house policy? reduce homeless

What elements will the proposed tiny house ordinance contain? 

  • the proposed policy will allow people up to park three tiny houses or RVs…