Texas Attorney General Opinion. Property Rights + RVs.

What question is the Texas Attorney General Opinion? Are guests at recreational vehicle parks are licensees or tenants for eviction purposes?

Why does this matter?  A tenant has exclusive possession & control of the premises with legal recourse; a licensee does not

RV guests, are they tenants or licensees?

Legislative Fix? Re-define “recreational…

Private Property Rights TREND. 20th State Adds Right to Hunt & Fish to State Constitution,

Voters approved the constitutional change in North Carolina to add a right to hunt and fish to the state constitution.

Enabling legislation: SB 677 (2018 | NC)

Article I of the North Carolina Constitution will be amended by adding: “Sec. 38. Right to hunt, fish, and harvest wildlife.The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use…

Legal TREND. Private Companies. Does Using Eminent Domain Subject you to State Open Records Laws?

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

  • company communications about federal, state and local politicians
  • documents concerning opposition to the pipeline
  • records related to LSU…

Constitutional Protection for Private Property in Personal Information. WHERE. HOW. WHAT.

New Hampshire voters approved a state constititional amendment to protect from government intrusion personal and private information.

The constitutional language: An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.

The passage rate: 80% of votgers supported it

Reason | N.H. Constitution Now Protects “Right to Live Free from Governmental Intrusion in Private or Personal Information” 

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. 

Congessman Goodlatte | Goodlatte Applauds House Passage of Legislation to Limit the Abuse of Eminent Domain

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

NBC Sports | Pro Basketball Talk | State legislature helps Clippers take next step toward new home arena 

San Francisco Chronicle | Legislature passes bill to help Oakland A’s streamline construction of a Howard Terminal stadium

Refreshing our Recollection | READ THE BILL | Compensation for Local Government Ordinances that Affect Property Value

 

 

 

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

 

 

Refreshing our Recollection | Disclosure of Building Defect Settlements | READ THE BILL

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

  • to report settlements  concerning construction defects within 90 days
  • if settlements were for more than $1 million
  • concerned multifamily residences
  • The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature