Where: Kerrville, TX
The local government action: Amending the creation of TIRZ 1 to prohibit the use of eminent domain
Did it pass? No, it did not pass for procedural reasons
Kerrville Daily Times | Council nixes eminent domain TIRZ clarification
Category Archives: local government trend
Local TREND. Rental Property Inspections = Private Property Rights Violations?
Institute of Justice is representing a class of renters in Seattle to challenge the city’s ordinance that requires inspection of rental property.
The ordinance: Rental Registration and Inspection Ordinance, Seattle Municipal Code 22.214.
When tenants refused entrance to the inspector a fine of $500 per day until the landlord persuaded the tenant to permit the inspector to inspect the premise.
Institute for Justice | Seattle mandatory rental inspection Law
Local TREND. Anatomy of an Economic Development Plan with Eminent Domain. Who. Where. What.
Who: Amazon Headquarters 2
Where: New York
What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate
What specific eminent domain offers were made?
- “Subject to public approvals, ESD is empowered to acquire, encumber and dispose of any real property interest, including through eminent domain,”
- ““ESD can also override local zoning, offer tax subsidies while holding title to a property, and provide lower-cost…
Legal TREND. Are Maps and Signs to a Park a Taking if people cross private property?
The City of St. Pete Beach built a new park.
The City then made maps, websites, physical signs, that suggested to the public that they were free to cross that private property to get to the beach.
The private property owners sued.
These actions- signs, maps and websites suggesting to cross private property are a taking tantamount to eminent domain.
Chmielewski v. City of St. Pete Beach, 890 F.3d 942 (11thCir. 2018).
Lege TREND. Legislative Plan to Preempting Tree Ordinances. An exception + the Opposition
Michiugan will consider SB 1188 (2018 | MI) that will preempt local ordinances barring tree removal by:
- prohibit local governments from adopting or enforcing ordinances or charters “prohibiting or restricting the removal of trees or other vegetation.”
What exception did the author accept?
- allow local governments to willingly enter into contracts with private landowners to allow local control of storm water mitigating vegetation
What are cities saying in repsonse?
- vegetation and tree…
Legal TREND. Local Tree Ordinances vs. Property Rights.
What tree ordinance is the center of a law suit? Township of Canton, MI that fines the removal of any “tree,” defined as anything with a woody stem and a three inch diameter. The fine is up to a $450 fine
Who sued? The Texas Public Policy Foundation
What happened to get here? A landowner removed trees ans shrubs on his land to clear up a flooding issue and to eliminate a mosquito issue caused by the flooding
F.P. Development, LLC VS. Charter Township of Canton, Michigan
Local TREND. Anatomy of a Blight Tax. AKA Community Redevelopment Tax Incentive ordinance
What city implemented a blight tax? Savannah Gerogia
What did they name their blight tax? Community Redevelopment Tax Incentive ordinance
How does it work? When a property is designated as blighte dby the city, the property tax increases 7 fold
What types of properties are impacted?
- properties that are easily accessible
- pose a safety risk
- are a haven for criminal activity
- BUT NOT, property that is boarded up, secured & have no property maintenance violations
What is the rate of…
Legal TREND. Litigating Texas Kelo Fix. 2 Potential Fixes Heading to a Legislature near you.
In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.
The trial court and appellate court agreed that the roadway easement falls into a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001
What legislative fixes could…
Refreshing our Recollection | READ THE BILL | Deny Government Funds for Specific Government Eminent Domain Use
The House passed a bipartisan HR 189 (115th Congress) that denies federal funds if a state or political subdivision uses eminent domain for economic development purposes.
Refreshing our Recollection | READ THE BILL | Cities Build Quickly with Expedited Eminent Domain Process
California Legislature passed AB 987 (2018 | CA) that streamlines building a new stadium for the Clippers & construction by the Oakland A’s by:
- requiring litigation to be resolved within 270 days of the filing of the certified record of proceedings