Court. Public Property Rights. Local Sheltering.

A federal court in Houston found Houston’s homeless ordinance against public camping unconstitutional.

The Court opinion includes: “”Enforcement of the city’s ban against the plaintiffs may, therefore, cause them irreparable harm by violating their Eighth Amendment right to be free from cruel and unusual punishment due to their status of ‘homelessness,'”

Texas Lawyer | Federal Judge Halts Houston’s Homeless Ordinance Banning Public Camping

Legal Trend. More Input on Grants of Eminent Domain Authority. Bigger Voice for Local Governments.

Missouri’s Western District Court of Appeals held that all counties along the Grain Belt Express, wind transmission line, must approve the project.

Appeal of this ruling has been declined by the state supreme court.

Missouri’s Public Service Commission relied on this ruling  to deny approval until all counties sign off on the plan & it is said to impact other transmission lines and Pipelines.

St. Louis Post Dispatch | Despite giving vocal support, state regulators again deny Grain Belt…

Local Gov. TREND. Wisconsin County took what action to stop eminent domain?

The Wisconsin County: Wood County, WI

What did Wood County Board of Supervisors do? Pass a resolution calling on the Legislature to prohibit  a specific energy company from having the power of eminent domain

The Activists behind it: 80 Feet is Enough, who argue that the existing 80 feet of pipeline easement is enough, more land shouldn’t be taken

The Legislative goal: to give property owners the value of their land back

Wisconsin Public Radio | Wood County Passes Resolution To Keep Oil…

A mayor. A Stadium. 2 Types of Property that will be exempt from eminent domain.

The L.A. Clippers need a new stadium. New stadiums take land and can use eminent domain, except when the elected officials say no, hell, no…

Bonjour to Inglewood Mayor James T. Butts Jr. who said there would be no taking of:

  • residential property; and
  • no taking of church property.

L.A. Times | Possible Clippers arena has many Inglewood residents worried they may lose their homes or businesses

 

Local Trend. Private Property Rights. Short Term Rentals- you betchya!

St. Paul, Minnesota is moving forward with new short term rental rules that would:

  • limit the number of short term rental units in a home or apartment building to 1/2 or 4
  • Cap on number of renters at 4 unrelated (AKA the party cap)
  • City taxes must be collected
  • The caps have some wiggle room for large buildings that have limited use permits and owner occuppied & present short term rentals

What sparked the short term rental rules? The 2018 Super Bowl is being hosted by the Twin Cities.

Twin…

Private Property Local Government Trend. Paying Property Owners to Go Green. Procurement Opportunity.

NYC Department of Environmental Protection has recommended a plan to pay private proeprty owners to go green. 

How would this work?

  • “ Restructuring water rates to shift costs to properties that generate relatively large amounts of runoff, and away from those that generate a relatively little.”
  • Contractw ith a 3rd party administrator for a Green Grant Program that would provide financial incentives to property owners that go green.

NRDC | Paying Private Property Owners in NYC to “Go Green”

 

TREND. Statewide Short Term Rentals. Prohibiting Local Prohibitions.

Michigan’s Senate Bill 329 and House Bill 4503 prohibit local governments from creating anti-short term rental ordinances. 

How are these bills keeping short term rentals alive?

  • The bills prohibit cities from restricting short-term rentals in residential districts
  • The bills also do not allow cities to define a property renting for less than 28 days as a commercial use, a method some cities use to stop short term rentals.

News Review | Bills would prohibit bans on short-term rentals