Category Archives: local government trend

6 Reasons the Right Thinks Idahos Short Term Rental Statute is the Best.

In 2017, Idaho passed short term rental law ( HB 216 ) that is being hailed by the right as model legislation because the regulations:

  • requires owners of short-term rentals to pay state sales and hotel taxes
  • taxes will be collected by “marketplaces” such as Airbnb
  • property owners to register with the state tax commission 45 days after their first lodging transaction
  • uses state authority to stop local bullies from singling out STRs for special mistreatment
  • local governments can regulate…

Lege Trend. Southern State Wants to Tax Home Share Rentals. 3 Key Bits of Information.

State: Mississippi

The tax proposal on home sharing: 

  • is triggered if a person rents out their home, or a portion thereof for less than 90 days
  • must remit 7 %state sales tax on gross revenue from the rental and related charges
    • other charges include: such as soap, coffee, food or other amenities
  •  requires collection and remittance of any applicable local government “hospitality” taxes

Clarion Ledger | Mississippi Dept. of Revenue pushing to tax Airbnb, other rentals like hotels

Private Property Rights Trend. Great Northwest. Sharing Economy Regulations with Ownership Limit.

City: Seattle

The proposed home sharing ordinance:

  • requires hosts to get a short-term rental operator’s license with the city
  • no city restrictions on the number of nights on a primary residence
  • hosts can own 2 properties within seattle under the ordinance

NBC K5 Western Washington | Seattle Councilmember proposes Airbnb regulations

How to use Eminent Domain When a State Agency has no Eminent Domain Authority.

The agency: Texas General Land Office

The land: Rollover Pass on the Boliver Penninsula

The entity using eminent domain: Galveston County

Where are the courts? County Court-at-Law Judge ruled in favor of the use of eminent domain. The next phase will be detemrineing value.

Beaumont Enterprise | Court order could doom Rollover Pass

Private Property Rights. Short Term Rentals. Republican in Sunshine Breaks Ranks. Makes 3 Points.

The Republican Chairman of the Regulated Industries Committee that heard Florida’s proposed statewide short term rental bill said the following in opposition to the bill:

  • He’s an advocate for local control of vacation rentals
  • He offered an amendment to preserve local control, his county attorney opposed the amendment
  • He brings the bill up for a vote, and votes no. There were more than ample ayes to pass the bill.

Palm Coast Observer | Florida State Senator Travis Hutson | Here’s what’s…

Lege Trend. Private Property Rights in Advertising Your Property. Advertising Replaces Preemption.

State: Utah

How did Utah end up protecting the right to advertise your property on AirBnB? 

  • The legislature left cities and counties with the ability to regulate short term rentals
  • But, the Legislature provided statewide protection by permitting advertising of your property on AirBnB platform. 
  • The advertising provision replaced a preemption provision. 

Utah House Bill 253 (2017) 

Moab Sun News | Rentals bill shifts focus to online advertising

 

3 Points. AirBnb Agreement with Comptroller Hegar.

AirBnB has entered into an agreement with the Comptroller’s Office that requires:

  • Guests will be required to pay the  6% hotel occupancy tax
  • The 6% tax will be assessed beginning May 1st
  • AirBnB will collect and remit the tax

It is estimated in 2016, AirBnB would have generated $8 million in hotel motel taxes.

Dallas Morning News | Airbnb to start collecting hotel taxes in Texas beginning May 1

Lege TREND. End Run Around Kelo with Blight Redevelopment.

What’s happening in Georgia?

  • In 2006 Geogria passed Kelo based eminent domain reforms
  • In 2017, the Georgia Legislature has passed a bill to allow property to be acquired by eminent domain and to be transferred to a private developer if the property is blighted

Atlanta Constitution Journal | Watchdog: Georgia bill lets cities take blighted land for developers

Georgia House Bill 434  (2017)