Private Property Rights in the Middle of a State Budget Fight.

Short Term Rentals, and the tax on short term rentals, became a bargaining chip in New Jersey Legislators.

Estimated annual revenue from the short term rental revenue in New Jersey: $250 million 

How New Jersey Would tax Short Term rentals:

  •  expand sales tax
  • apply the state’s  6.625% sales tax to r entals of fewer than 90 days would be taxed

NJ.com | Tax on shore rentals? I don’t like it, Phil Murphy says of Dem leaders’ key budget offer.

Lege TREND. How an eminent domain prohibition bill carved out utilities.

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

  • a court grants permission because there is no other reasonable and prudent alternative
  • its a utility exercizing…

Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Legal Trend. Is a bridge blocking a billboard a taking with compensation?

Court: Wisconsin Supreme Court

Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?

The Court: No compensation for a bridge that blocks a billboard

The billboard company argument:   the business has been deprived of “all economically beneficial use”

Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected…

LOCAL TREND. +1 Oil Country City Says No to Eminent Domain for Pipelines. 3 Key Points

The city calling for no eminent domain for a pipeline: Enid Oklahoma

What the City Manager says about eminent domain for the water pipeline?  “We don’t even mention that word.”

Will eminent domain be mentioned to any landowner? NO

Enid News and Eagle | City officials: Eminent domain will not be used in pipeline project 

Legal Trend: Texas Local Government Can Be Sued for Taking without Compensation

Court: Judge Caroline E. Baker, state district court judge in Harris County

What happened to get us into a court room?   a Houston photographer’s claimed that UofH used his photogrpah of Houston in its materials without permission

What did Uof H argue to stay out of court? soveriegn immunity, represented by the Texas Attorney General’s Office

the court say?  that the university cannot claim soveriegn immunity for the taking

San Antonio Express News | UH can be sued for using photo, judge…

Local Lonestar TREND. Short Term Rental Ordinance Requires Inspection + Notification to Neighbors

City: Coppell

The short term renal ordinance passed by Coppelll City: 

  • must be owner’s primary residence
  • must be registered with the city
  • requires an emergency contact number be provided
  • property be inspected
  • notification to neighbors within 100 feet with a 24-hour hotline number for complaints

Coppell Gazette | Coppell City Council passes short-term rental ordinance 

Local Trend. Anatomy of a New Billboard Ordinance. First Revision since the 1970s.

City: Carlsbad, NM

The 2018 billboard ordinance requires:

  • Any company or person installing, repairing, altering, relocating or dismantling a sign must obtain a New Mexico contractor’s license
  • billboards must be 1,500 feet from other off-premise or freestanding signs
  • billboards must be 200 feet from the nearest residential district, public park, playground or cemetery
  • building permit required

Carlsbad Current Argus | City council approves new sign ordinance