Local TREND. Short Term Rental Rules. Mile High City.

  • More City Power to Pull Licenses. Denver could revoke, sanction or deny a short-term rental license or application if it negatively affects the public health, safety or welfare of a neighborhood.
  • Primary Residences Only. Short Term Rental Rules apply only to primary residences
  • Property Owner requirements:
    • ​minimum of $1 million worth of liability insurance
    • required notification to their insurer that they’re using their property as a short-term rental
    • required to inform HOAs

Colorado…

Local private property rights TREND. Ordinance on Wind Turbines. 3 Key Points.

Monitor Township, Michigan wind tubrine ordinance sets new zoing for windturbines, including:

  • setbacks to 2,000 feet (old setbacks were 750 feet)
  •  zero shadow flicker on peoples’ property
  • cash bond to cover the cost of proper removal of the turbines
  • lower sound level thresholds

Curiosity: How big is Monitor Township? 10,500

Michigan Live | Wind farms restricted under new Monitor Township zoning ordinance

Local TREND. Use Eminent Domain to Keep a Valued Asset in your City. Eminent Domain & the Horse Track.

Baltimore looks to condemn the Preakness Stakes to keep it from moving.

What does Baltimore say? State law also allows condemnation of the Preakness’ intellectual property, so include that too

Sound weird? Once upon a time Oakland thought of the idea ot keep the Raiders there. 

The Volokh Conspiracy | Baltimore Tries to Use Eminent Domain to Condemn the Preakness Stakes Horse Race

Wall Street Journal | Will Baltimore Make Off With the Races? 

Property RIGHTs TREND. New Kid in Short Term Rental Legislation Kerfuffle

Who: Texans for Property and Rental Rights

Who are Texans for Property and Rental Rights? coalition of property rental businesses, travel sites and business trade organizations

What do they want? Statewide short term rental law to prohibit banning & ” overregulating” short term rentals 

Texas Public Radio | New Group Enters Short-Term Rental Debate; San Antonio Law May Be Overwritten

HB 3778 (2019 | TX) 

SB 1888 (2019 | TX) 

Lege TREND. Property Rights to Edible Front Gardens.

Florida’s SB 82 (2019 | FL) would prohibit local governments from banning front yard edible gardens. 

“Freedom is at stake,” Bradley, the Senate budget chair said.

Why does this matter? Miami Shores that banned vegtable gardens. Its now in the courts.

Tampa Bay Times | Right to grow front-yard veggies gets green light for Senate floor

Lege TREND. Statewide Short Term Rental Bill.

The Bill: Maine’s LD 209 (ME | 2019) will:

  • prohibit cities from banning short term rentals
  • allow for local regulations related to health and safety

Supporters say:

  • This is about property rights
  • IN 2018, Maine AirbnB hosts earned  $66 million

Opponents say:

  • Cities should have control
  • Removes local governments to seek remedies from bad actors
  • Opponent sinclude: Maine’s Municipal Association, Hospitality Maine, Cottage Connection of Maine, Vacation Rental Professionals of Maine and Maine…

Legal TREND. Asset Forfeiture + U.S. Supreme Court Win.

On Wednesday, the US Supreme Court applied the 8th Amendment’s ban on “excessive fines”  to states and local agencies.

Bonjour! to all state bills on asset forefeiture limitations you’ve found your newest ally.

Timbs v. Indiana

ScotusBlog | Timbs v. Indiana

Governing | Supreme Court: Constitutional Ban on ‘Excessive Fines’ Applies to State and Local Governments