Category Archives: private property rights

Property Rights. Beach Access. Repercussions in Florida.

In response to changes in beach access in Walton County Florida, a letter to the editor by G. Brint Ryan offers:

  • “allow public beachgoers to trespass on real estate”
  • “The county’s claims that they can simply identify a beach and deem it suitable for public use without fair compensation for the actual property owners are two-faced and un-American.”
  • “County officials are double dipping on the use of beachfront property at the expense of the people who have invested in their county”

Raises 4…

Local TREND. County Resolution Calling for Statewide Eminent Domain Reform. Pipeline Edition

Where: Clark Co. Wisconsin

The resolution is in respopnse to: Enbridge Energy Company’s desire to increase oil capacity traveling through their pipeline system

The rational for changing eminent doamin laws for private companies:

  • A taking of private land by a private company because property owners  receive no royalties, unlike for solar or wind energy
  • Taking property for pipelines greatly reduces property values and tax base

CWB Radio | Clark County Board of Supervisors Approves Resolution…

Local TREND. Stop Eminent Domain by Changing Property Designation.

Omaha is changing the designation of property to landmark status in an effort to slow or prevent eminent domain proceedings.

How does this designation change the eminent domain process?

  • The Omaha Landmarks Heritage Preservation Commission gives the designation
  • This designation then kicks the property to require approval from the Planning Commission and City Council before action can taken against the property.

WOWT | Landmark status recommended for historic building at the center of eminent…

TX Attorney General Opinion. Can an Eco Devo Corp get their property back? Or Does Sovereign Immunity Win?

What’s happening in Attorney General Opinion KP-210?

 

  • Marshall Economic Development Corporation conveyed property to Texas State Technical College
  • TSTC had to use the property for educational purposes under the terms
  • If TSTC fails, then the property goes back to Marshall Economic Development Corporation

The answer: this is not about soveriegn immunity. It’s about how the land was conveyed and that conveyence required certain conditions, that’s what prevails. So, yes the proeprty can…

Local TREND. 3 Ways The Right Fights Cities & Supports Short Term Rentals.

Where:​ Florida

What’s special about FL cities’ short term rental ordinances?  local fines on unlicensed short term rentals are some of the highest in the nation.

How bad has it gotten? Miami Beach paid for a floating billboard accusing short term rental platforms of being cozy with state law makers Miami Herald

What have conservatives done to actively support short term rental platforms?

  • Lawsuits. Bring causes of actions against cities
  • Legislation to preempt local ordinances
  • Model…

Property Rights TREND. Chronic Wasting Disease Rules. 4 Key Points. Apple Blossom State.

Michigan’s new hunting rules to combat chronic wasting disease include:

  • Reduce Antler Requirement. In the 16-county CWD Management Zone, reduced the 4 pt. on a side requirement to at least 1 3 inch antler
  • Private Land license. Created a discounted antlerless license in the CWD Management Zone on private land
    • limited to 10 per hunter
  • Ban urine based lures. Statewide ban on the use of all natural cervid urine-based lures and attractants
  • Ban baiting & feeding in Management Zone. Immediate…

Legal TREND. Requiring State Court Action Before Federal Courts on Property Rights.

Why should I be paying attention? The US Supreme Court will take up Knick v. Township of Scott, Pennsylvania 

The issue:  Pennsylvania wants to protect its right to handle land use fights in state courts

What states are supporting PA? UT, CA, MA, IN

Washington Examiner | States battling to keep their land use disputes away from federal courts 

Legal TREND. +1 Court Says no Property Right in Taxi License or Token

The Court: US Court of Appeals for the Eleventh Circuit

The property right claimed by the Taxi industry: Ride Share Regulations amount to a taking of taxi property

The Court: the taxi industry has no right in blocking competition

Reason | Yet Another Federal Court Rejects Claims that Exposing Taxis to Competition from Uber and Lyft is a Taking 

LOCAL TREND. Anatomy of a City Audit on Short Term Rental Enforcement

City: Portland

What did auditors find? 

  •  “lax” enforcement
  • negative impact on affordable housing 
  • operators are not complying with liecening requirements
  • 1 in 5 are permitted 
  • success in collecting lodging taxes
  •  loose inspections and minimal safety requirements, especially related to fire safety

Mayoral repsonse: Negotiate deals with the comapnies to obtain a list of unpermitted properties

KOIN6 | Audit: Portland’s ‘lax’ at regulating short term rentals  

Local TREND. Local Land Banks to Remedy Blight. WHO.WHAT. WHERE.

WHERE | Georgia

WHO | Gainesville City Council

WHAT | Gainesville-Hall County Land Bank under the 2012 Georgia Land Bank Act

What will the Land Bank do?  

  • rehabilitate vacant or blighted properties by acquire
  • manage and sell properties that may be sitting empty due to foreclosure, tax delinquency, code violations or title complications
  • will not make a profit from sale of the properties

Will the Land Bank have the power of eminent domain?  NO

Gainesville Times | How Hall and Gainesville…