Category Archives: local government trend

Private Property Rights. 3 Reasons Tiny Houses are often Illegal.

Are zoning laws usually the enemy of tiny houses? Yes. Zoning laws often prevent tiny houses.

  • tiny houses can violate zoning by location
  • tiny houses can be too small to comply with single family residence codes
  • tiny houses can violate codes that require residences be connected to local utilities

What is the argument against allowing tiny houses in zoning ordinances? That property values will diminish by permiting tiny houses

Are tiny houses running amock with building…

Property Rights. Sharing Economy. INTERIM. TREND. Local Short Term Rental Rules from the Midwest.

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

  • This is about a new economy.
  • Chicago is racing to keep up with new economic drivers.
  • “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

  • Different types of residences are regulated differently
    • a building with 5 residences, only 1 can be used for short term rental at a…

Lege Trend: Eminent Domain + Redevelopment + Blight = Property with lower than state average income.

Which large western state utilizes redevelopment agencies that have eminent domain authority? California 

When did redevelopment use of eminent domain slow? During the financial downturn

Which use of emient doamin garnered the ire of property rights advocates in California?

  • The use of eminent domain 
  • To transfer private property to another private party
  • The transfer, used by school districts & local governments, was to increase jobs or increase tax revenues

What’s the California…

Sharing Economy. Home Share Regulations. Austin Lawsuit. Be Informed. 5 Bits Intel.

Who filed suit against the City of Austin short term rental ordinance? Texas Public Policy Foundation

What’s the goal of TPPF?  No licenses for property owners who lease out property for less than 30 days

What 2 constitutional rights are alleged in the lawsuit? The Right to Assemble. The Right to Privacy. 

How does TPPF address the argument that short term rentals are nuisances? That the city data does not support the city’s claim that the nuisances warrant special regulation

How…

INTERIM. Private Property Rights + Sharing Economy. Local Regs from the Northwest.

Which city in the Northwest is proposing new short term rental ordinances? Seattle

The intel you need to know:

What opponents to Seattle’s regulations say:

  • Seattle’s regulations “deprive [Seattle property owners] of our ability to keep ourselves afloat” during hard times
  • Harming people who provide inexpensive accommodations to visitors to Seattle, who then spend money in Seattle
  • Disrupting Seattle’s social fabric by allowing short term rentals that bring people into neighborhoods…

TREND. INTERIM. Civil Asset Forfeiture Passes in the Midwest. The key intel:

Which state reformed civil asset forefeoture laws? Ohio

Does the OH legisltion require conviction for forfieture? No, it permits forfeiture if criminal charges can be filed against the person.

Do local governments have access to the proceeds at the time of forfeiture? No, the assets are put in escrow until conviction

Ohio HB 347

Americans for Tax Reform | ATR Congratulates Ohio for Passing Civil Asset Forfeiture Reform

 

Eminent Domain. Church. Texas. Competing Constitutional Rights + Compensation Dispute.

Where in Texas is a church facing potential eminent domain situation?  Longview

What is the discrepancy in compensation?

  • The city offered offered $1,049.50
  • An appraiser has appraised the value of the land to be taken at  $71,209.00

What trends have been happening with eminent domain & churches?

  • The City of Houston in 2015 backed away from a plan to include a church in an eminent domain qualifying housing project
  • Courts in Kentucky have said that the church’s 1st amendment rights…

#1 Reason. Land Owner Says No to Vista Ridge Offer.

Is eminent domain on the table for the Vista Ridge Pipeline connecting to San Antonio Water System? YES

What does SAWS predict as a reason to say No to a Vista Ridge purchase offer? Rural lands that have been in a family for generations.

What does a landowner in the path of Vista Ridge say is his concern and reason he opposes Vista Ridge? His land’s water well drops. The background:

  • This property owner’s water well dropped 17 feet when Blue Water, a member of the Vista Ridge…

Local TREND: Owner Builds. City Takes Part of Owner's Land in Exchange. 4 Pieces of Intel to Keep you Informed:

Which city is trading building permits for land? The City of Perris, California

What was the city’s policy? Its called a dedication requirement. Here’s how it works:

  • Property owner wants to build on their property.
  • Property owner needs permits.
  • City takes part of your land when you get your building permit

Why is the City of Perris taking land when permits are issued?

  • To suppress the fair market compensation value of land
  • Later, the city will take more of the owner’s land via eminent…