Local Trend. City Council Agenda. Animal House Rental Ordinance. The Response from Business.

Short Term Rental ordinance in Carmel Indiana are packaged as controlling “Animal House” rentals.

What would the ordinance do? Allow for zoning and regulations but not ban short term rentals.

Airbnb welcomes regulation: “”We’re very supportive of regulation. Of course, we don’t want to see our business banned,” says the Airbnb public policy director.

Herald Bulletin | Panel ponders ‘Animal House’ rentals  

 

4 Legislative Issues. Short Term Rentals in a Red State. Bill Text Included.

Indiana legislature is working through how to craft a statewide framework for short term rentals.

The 4 issues that are tanatmount to leadership:

  • input from property owners and from neeighboring property owners
  • economic benefit to property owners and the economic benefits to local commerce
  • preserve some local control
  • allow exceptions for nuisance issues 

WFYI Indianapolis | On Airbnb Issue, Lawmakers Weigh Tricky Property Rights Balance

This bill from 2017 will be reintroduced in…

Ordinance TREND + Legal TREND. Require Voter Approval for Eminent Domain.

The City: Littleton, CO & Wheat Ridge, CO

The voter approval requirement: To access urban renewal tools like tax increment financing or eminent domain require urban renewal

What did a district court in Colorado do with Wheat Ridge’s Ordinance?  The Wheat Ridge ordinance, related to mandating that any tax-increment financing package over $2.5 million first get the consent of voters, is pre-empted by Colorado’s supremacy on the issue.

What’s the city’s argument: voter approval will cost time…

Veto Rational- Need Eminent Domain to Protect Core Value of the State. Fuels Legal Eminent Domain Trend. Bill Text Included.

California Governor Jerry Brown vetoed a bill that would have funded acquisition of a beach access point. 

The reason for the veto? While the bill provided a means for beach access the bill precluded eminent domain.

Why does Governor Brown say the state needs Eminent Domain for this beach access issue?

  • Having the option of eminent domain was the intent of the author
  • The state should maintain the option of eminent domain to “public access to beaches and parks is a “core value to this state…

Eminent Domain for Pipelines & Energy Projects : Bringing the Right & The Left Together

How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines

Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina

(it also happened in Keystone XL)

Duke University  | The Chronicle | They’ll be singing Kumbaya

 

Lege Passes Bill to Take Mineral Rights From State & Give To Land Owners. Read the Bill.

State: North Dakota

What happened with this land to trigger this bill? The landowners say that the state took their oil and gas mineral rights from property acquired by the federal government for the construction of the Garrison Dam. The State Supreme Court agreed.

What was the Legislative fix? To except mineral rights from land transactions by the state as it relates to the dam project

The Bill: North Dakota SB 2134 (2017)

Bismark Tribune via Dickinson Press | Family ‘elated’ over ND…

TX Lege. Eminent Domain Reform Required via Rep. Ernest Bailes

State Rep. Ernest Bailes says the Texas House needs to revisit these eminent domain issues:

  • Bailes’ interim charge request for Land and Resource Management COmmittee: “examine the process by which private property is purchased or taken by entities with the power of eminent domain.”

Houston Chronicle | State Representative Ernest Bailes | House needs to reexamine eminent domain power

The Huntsville Item | State representative staying busy with county fair, interim charges

Lege Trend. Prohibiting Eminent Domain that Landlocks Property. Read the Bill.

State Legislature: Pennsylvania

The eminent domain limitation bill: No eminent domain when a landlocked property is created with no access from a public road

The key bill text: ” a condemnor may not render the remaining parcel inaccessible to the condemnee by creating a landlocked property with no ingress or egress to or from a public road or highway”

PA HB 1773 (2017)

3 Critiques of Texas Eminent Domain Notice Procedure from East Texas. Pipelines, Transmission Lines, & Cities Included.

An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:

  • The party pursuing eminent domain could have their lawsuit filed
  • A pre-selected  a group of hand picked special commissioners, whose duty it is to determine a value for the property
  • And the property owner could have no idea that eminent domain is progressing.

The column points to condeming entities bewing pipelines, transmission lines or local governments.

Huntsville Item…