Category Archives: private property rights

Refreshing our Recollection| Open Legislative Season on Short Term RV Rentals | TRENDing new business model

Business: RVezy

What is RVezy​?

  • short term rental/sharing of RVs
  • including peer-to-peer insurance in 2017

Watch for regulations & legislation on:

  • permitting
  • licesning fees
  • taxes
  • insurance requirements
  • use and parking locations

Markets Insider | Another First for the RV Sharing Economy: Canada’s RVezy Launches IOS & Android Ap

Refreshing our Recollection | READ THE BILL | Eminent Domain Compensation Bill in Texas

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…

Refreshing our Recollection | Read the Bills: State Preemption Short Term Rentals

Tennesee

  • HB1020 (2018 | TN)
  • allows local govenrments to ban or limit short term rentals by ordinance
  • grandfathers in existing short term rentals into local ordinances

Arizona

  • SB 1350 (2016 | AZ)
  • local governments cannot prohibit short term rentals
  • touted as “financial breathing room” for families

 

Washington Post | Political contests erupt as cities and hotel industry struggle to curb Airbnb

Legal TREND. 2nd Texas case. I-35 expansion. Jury Award = 8 times TXDOT compensation.

What land was taken? a 9,500-square-foot parcel that for 30 years operated as a salvage parcel

What compensation was given by the state? $65,000 and a new entry 110 feet away and shared by other retailers

What did the jury say?

  • the shared new drive created safety concerns and was not adequate compensation
  • the land ownrs are woed $500,000+

State of Texas v. Skyway Holdings LLC, No. 0015-04-083

Marrs Ellis & Hodge | Owners of Texas Business Win $500,000 Jury Verdict in Eminent Domain Dispute

Lege TREND. Short Term Rentals. Events at Short Term Rentals = 2Unintended consequnce

Arizona passed a state short term rental law that requires cities to allow short term rentals. 2 unintended consequences:

  • Special Use Permitting by Cities for Events Some cities, like Mesa, are considering moving short term rentals that are used for events to a special use permit for events. Current ordinance does not allow residential properties to be permitted for special events.
  • Alcohol restrictions in special use permits, but not short term rental laws. If a special use permit is issued…

Kelo Fix loophole. Cities Using Eminent Domain to Boost Revenues? WHERE. WHAT. HOW.

WHERE: Illinois

WHAT: Condemning swaths of property as “blighted” to redevelop the property as higher tax revenue. 

HOW is this happening when Illinois also prohibited eminent domain for economic development purposes? The blight designation in Illinois allows other neighboring, non-blighted properties to also be taken.

KPVI | Some Illinois cities eye eminent domain to boost revenue

Legal TREND. Border Wall. Taking Land from the Diocese.

What? On October 25, 2018 teh federal government notified the Diocese of the taking of 2 properties

Which properties are impacted? La Lomita Chapel & property south of the Juan Diego Academy in Mission

the public purpose?

  • conduct surveying
  • testing
  • investigatory work for proposed construction of roads, fencing, vehicle barriers, security lighting, cameras, sensors and related structures to secure the border

compensation to the Diocese?  initial estimate for reimbursement at $100

What’s the…

Legal TREND. The US Supreme Court & Pipelines

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

Eminent Domain = Crony Capitalism Economic Development. 3 examples

 

  • increased economic activity from eminent domain projects are not always realized
    • for example, the land taken in Kelo v. New London remains vacant
  • In Wisconsin eminent domain is being used for a FoxConn economic development project
    • After the use of eminent domain, the same taxpayers will subsize FoxConn salaries 17 cents on the dollar
  • the border wall showcases that not all landwoners are receiving adequate compensation amind allegations tha tonly wealthy landwoners are being…