Local Trend. Ordinance Limits Short Term Rental Properties.

Where: Boston, Massachusetts

Which properties can be offered for short term rental? Owner Occuppied Properties

Which properties cannot be offered for short term rental? 

  • properties occuppied by tenants
  • properties owned by investors

Boston Globe | City Council passes tough rules that limit Airbnb rentals. 

Land Use regulatory TREND. Real Estate License Requirements for Short Term Rentals?

State:Pennsylvania

The regulatory requirement for managing short term rentals: a real estate broker licensing requirement that “makes it a crime for anyone but a fully licensed real estate broker to help property owners manage rental properties on sites like Airbnb” 

Who challenged the regualtory scheme? The Institute for Justice

What have the courts done? Appellate Court has kept the licensing requirement in tact

What is the argument against a broker license for managing short term…

Land Owners Oppose Reservoir. Legislators Deny Eminent Domain for Reservoir.

The anatomy of reservoir building in Florida:

The reservoir project: a massive 60,000-acre shallow reservoir to stop dirty water in Lake Okeechobee from polluting the coasts and revive South Florida’s wilting marshes

The opposition: Sugar farmers who refused to sell

The legislative action: Deny the use of eminent domain to complete the reservoir

Miami Herald | Vast reservoir is key to state Everglades plan. Federal concerns could derail it.  

 

Natural Resources. Private Condemnation. How to Condemn Minerals & Water

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

  • condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
  • condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for…

Lege TREND. Writing Law to Make Open Space Eminent Domain HARDER. Protect the Parks. Protect the Greenspace. Protect the Skunks.

State: Pennsylvania 

Legislation: HB 2468 (2018 | PA)

How does HB 2468 (2018 | PA) make it harder to use eminent domain on open space?

  • requires any government agency to obtain Orphans’ Court approval
  • PRIOR TO using eminent domain to take permanently preserved land
  • CONVINCE the court that  there are no alternatives for the project

Author’s Press Release on HB 2568 (2018 | PA) 

Main Line Times | Kampf proposes law to make use of eminent domain on open space land more difficult

Compensation for Laws & Regulations That Reduce Property Value. Anatomy of a Constitutional Amendment:

Colorado Farm Bureau is proposing Initiative 108 that will amend the Colorado Constitution to:

  • “ensure property owners are properly compensated if new laws or regulations negatively impact the value of their property”

What is the catalyst? tightening of setbacks on oil and gas development from fracking proliferation

How does the tightening of oil and gas setbacks impact farmers?  Setbacks essentially eliminate oil and natural gas development & farmers rely on royalty checks

Journal Advocate…

Legal TREND. Texas Supreme Court + Short Term Rentals + Restrictive Covenants = Win for Short Term Rentals

Court: Texas Supreme Court 

Case: Tarr v. Timberwood Park Owners Ass’n, Inc.

Did restrictive covenants stop short term rentals? No, short term rentals can continue. 

How did short term rentals continue in the face of restrictive covenenants that limit use of a property to single-family residences?

  • Covenants did not address leasing of property
  • Covenants did not require owner occupation
  • Since covenants addressed neither, there was no prohibition from short term leasing

Legal TREND. Housing Fine Caps.

When Missouri capped local revenue from trffic tickets at 30%, the number of fines issued for housing violations skyrocketed.

39% of the adult population in Pagedale, Missouri was issued a housing fine.

Lawsuits ensued.

This week a consent decree was entered that will:

  • require the city to re-write its housing code
  • require good cause prosecution for housing fines
  • no jail, no contempt charges

institute for justice | Federal Court Approves Historic Consent Decree Ending “Policing for Profit”…

Local TREND. Revising Nuisance Ordinance for a Reason that is not short term rentals.

Ordinance Proposal will define a nuisance as:  ” “any condition or use of property which unreasonably interferes with health, safety, peace, comfort or convenience of the general community and is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such property is located.”

Fine:  fine of up to $1,000 or remedy within 10 days

City: Raymond NH

Opponents say: This is not live free or die. If…