Category Archives: local government trend

TREND. Reform Eminent Domain. Save the Economy. Editorial.

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

  • must do everything to protect property rights, or investors will not trust to invest
  • it will end activists and politicians from atacking property rights
  • no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent…

Local TRENd. Short Term Rental Ordinance Cap

What kind of cap does a short term rental ordinance have? A cap on the number on non-owner occuppied properties that can be listed as short term rentals

What city is proposing the cap? Portland

What is the cap number? 300. 300 non-owner occuppied properties could be short term rentals

Policy goals? Protect the number of owner occuppied houses and prevent conversion of those houses/apartments into a continual cycle of short term rentals

Portland Press Herald | Proposal would further restrict…

Local TREND. Banning Booting Cars on Private Property. Where. What. How.

Where:  Athens-Clarke County

What:  complaints that private paring lot owners are hiring people to  immobilize drivers’ wheels for infractions like going into a business that isn’t associated with the lot

How: County Commissioners look to prohibit booting cars on private property

FlagPole Colorbearer of Athens Georgia | Commissioners Propose Banning Booting Cars on Private Property

 

Campaign TREND. Labeling Eminent Domain as a "Politician's Tool"

Where is this election : Gilroy, California

Election for: City Council

what eminent domain tagline emerged?  When a candidate suggested eminent domain to redevelop a downtown street, the respons was that “eminent domain is a politician solution”

Gilroy Dispatch | Candidates have plans for downtown 

4 Reasons Colorado's Eminent Domain Proposition for Land Owners is Not Good.

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

  • “taxpayers as a whole will suffer dramatically”
  • “tax dollars may go more toward fighting lengthy lawsuits”
  • municipal services would suffer- police, parks, trash service
  • it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

Property Rights. +1 Activist Move to Limit Short Term Rentals to a Single Property.

Where: New Orleans

Association backing limitation: Residents for Ethical and Sustainable Tourism (REST)

Limitation on short term rentals proposed: 

  • only full time residences would qualify
  • valid homestead exemptions must exist
  • home owners must comply with safety regulation

Curbed | A proposed ordinance would limit short-term rental licenses to one per homeowner

ACTIVIST TREND. Regulatory Takings Reform. 2019. Texas. 4 Legislative Reforms.

  • Zoning should be a regulatory taking
  • Compensation should be triggered by any regulation that reduces propety value by 25%
    • Works in tandem with restoring a property right in property use
  • The Texas Real Private Property Rights Preservation Act should be amended to apply to municipalities
  • Condeming entities should be able to issue “waivers” that run with the property in lieu of financial compensation

 

Texas Public Policy Foundation Legislator’s Guide to the Issues 2019

ACTIVIST TREND. Private Property Eminent Domain Reform. 2019. Texas. 3 Legislative Reforms.

  • Shift burden of proof from land owner to condemnor
  • Reduce court deference to local governments and state agencies in proceedings
  • Restore a constitutional right to USE  property

TPPF Legislator’s Guide to the Issues 2019

Lege TREND. Compensation. 3 Ways 1 Bill Benefits Land Owners.

Michigan Legislature is considering HB4070 (2017-2018 | MI) which addresses land owner compensation in 3 ways:

  • Attorney Fees and Costs when a court determines a taking occurred
  • State Attorney General creates a list of governmental actions that results in a taking occurring
  • Can apply to rules, permits, applications and other governmental actions

Mackinac Center | House Bill 4070, Revise government eminent domain takings: Passed 76 to 31 in the House on March 28, 2017