Category Archives: local government trend

City in Rust Belt Votes Down Pipeline. 2 Takeaways.

The city:  Bowling Green, Ohio

The city council vote:  7 to 0 to deny right of way access for a pipeline in the city

The takeaways:

  • Offering to follow existing easements isn’t enough to get around a growing sentiment of no eminent domain for private gain
  • The pipeline may now exercise eminent domain against the city

The Toledo Blade | Bowling Green council votes down pipeline plan

 

3 Recommendations for Eminent Domain Reform. Senate State Affairs.

Senate State Affairs Committee Interim Report offers the following recommendations for eminent domain reform:

  • Property Owner must be fairly compensated. Offers are often unfair, below market.
  • Property owners must be able to recover all or a portion of the costs that they incur
  • Amend the landowner bill of rights to:
    • clarify that some property may be included that the condemnor has no legal authority to condemn
    • offers should separate property that the condmenor wants to purchase and an…

Eminent Domain as Blight Leverage? Lessons from a Peachy City

the City: Savannah Georgia

What legislative change does Savannah want?

  • To Charge a blight tax

What do local community leaders want to help blight?

  • To be allowed to use eminent domain to enourage property owners to clean up properties as a way to help the property owners who live near the eyesores.

WTOC 11 | Savannah leaders looking at eminent domain to address chronically blighted property

 

3 Private Property Rights Arguments Against Northern City Regulation of Home Sharing

The City: Chicago

The Current Ordinance Status: Enacted. Full effect December 2016. 2 pending lawsuits involvling the Liberty Justice Center and Goldwater Center. 

The private property rights challenges raised against the ordinances:

  • extra tax on home sharing
  • limit on number of units in a building that can be rented through home sharing platform at a given time
  • property hosts must maintain records on guests

Chicago Tribune | Chicago’s Airbnb home-sharing rules are ‘draconian,’…

Legal Trend: Short Term Rental Ordinance Unconstitutional.

The city imposing a short term rental ordinance: Nashville, TN

The highlights from the Nashville ordinance:

  • Capped rentals at 3 percent of all homes within each neighborhood
  • Requires would-be renters to obtain a permit

What was unconstitutional?  The ordinance was too vague, but the 3% cap completely A-OK

Model Legislation from ALEC is moving in TN after having passed in AZ.

Reason | Nashville’s Airbnb Regulations Ruled Unconstitutional

+ 1 Texas County. Eminent Domain Restrictions.

Add Montgomery County to the list of counties that oppose eminent domain for proposed high speed rail from Houston to Dallas. 

The vote: unanimous

The common theme among commissioners: An opposition to a private company seizing private property.

The resolution:

 

RESOLUTION AND ORDER

 

WHEREAS, Montgomery County finds that any high-speed rail lines and facilities crossing county roads is not desirable; and

WHEREAS, Montgomery County values the protection of real property rights…

LOCAL TREND: Sharing Economy Partner Agrees to Track Property Owners. Legislature Bans all Short term Rentals.

Where is this happening? New York City

What’s happening? Short term rental company, AirBnB, agreed to track property owners who have are renting out multiple locations

Why does this matter?  2 reasons:

1.  It typifies local ordinance quagmires over short term rental ordinances.

  • Property owners like the free market principles of short term rentals to use their property as they see fit.
  • Local governments, like NYC, want to address issues like exacerbating a lack of affordable…

Land Use Regs v.s Urban Growth. 3 Points from the Economists.

The Wall Street Journal looks at the tie between land use regulations and 

  • land use regulations drive up the cost of construction
  • higher construction costs limits new construction to luxury construction
  • the result: urban economic segregation

What protections do local governments say land use regulations provide:

  • preserve the historic charm of neighborhoods
  • ensure sunlight and fresh air can reach the streets
  • limit congestion on sidewalks, streets and public transportation

Wall Street…

Eminent Domain on the Radar. Far West Texas.

The project that seeks the authority of eminent domain:  A new stadium in El Paso

What a real estate developer says:

  • The City of El Paso holds all the cards in the negotiation
  • The property isn’t valued for its future value but is valued based on current value without regard to future development

What the city says:

  • Doesn’t think eminent domain will be used

ABC 7 KVIA | Real estate broker, property owner shed light into eminent domain process

CBS 4 El Paso | Council passes arena…