Category Archives: private property rights

TREND. Statewide Short Term Rentals. Prohibiting Local Prohibitions.

Michigan’s Senate Bill 329 and House Bill 4503 prohibit local governments from creating anti-short term rental ordinances. 

How are these bills keeping short term rentals alive?

  • The bills prohibit cities from restricting short-term rentals in residential districts
  • The bills also do not allow cities to define a property renting for less than 28 days as a commercial use, a method some cities use to stop short term rentals.

News Review | Bills would prohibit bans on short-term rentals

NW City Council Ballot Proposition: Eminent Domain for Pipelines, Check Yes or No.

Do you support “elected officials work[ing] to prevent and limit the use of eminent domain to take property rights from private landowners for use in oil and gas pipelines?”

That’s the question Whatcom County Council in Washington State wants to ask its residents in November.

KAFE 104.1 | Private property won’t get extra protection from eminent domain

3 Reasons TPPF Supports Tree Ordinance Bills: (1) Abba (2) Espresso (3) Lunch.

TPPF position is that tree ordinances are:

  • Money, Money, Money. Condemnations that require just compensation (see the A.G. Opinion) & they impact the investment and economic opportunities of land owners.
  • Espresso sipping elitism. the arguments cities made to the A.G. when he reviewed the matter were supported by an east coast liberal law professor
  • Free Lunch. Can’t let cities get away with getting trees for free. Tree ordinances allow cities to get conservation easements for free. 

TPPF…

Legislature's 1 year Ban on Eminent Domain replaced with Stricter Eminent Domain Laws

In 2016, Georgia, the state and not the country, placed a 1 year moratorium on pipeline use of eminent domain. 

The restrictions that replaced the moratorium include:

  • requires greater disclosures from pipelines including evidence of financial responsibility
  • all parties can appeal administrative decisions, previously only companies could appeal

Georgia’s Community Holdings Inc | New pipeline rules limit eminent domain

A.G. Opinion. Tree Ordinances are Likely a Taking. 2 Reasons Why.

KP-0155 sets forth the rational as to why tree ordinances are takings of private property. Here’s the 3 step argument:

  • If a tree ordinance denies “a property owner all economically beneficial or productive use of land;” it is a taking that requires compensation.
  • If a tree ordinances unreasonably intereferes with use and enjoyment of the property it can also be a taking that requires compensation. You get to this point by looking at 3 issues:
    • Is there significant economic impact to the…

Private Property Rights Trend. Limit Game Wardens Access to Private Land.

Wisconsin Legislature is looking at a Republican backed bill to limit game warden access to private lands.

Game Wardens would only be granted access to private land if there is reasonable suspicion that a violation had occurred.

Game Wardens are concerned that AB 411 prevents them from conducting compliance checks on more than 80% of the Wisconsin landscape.

Wisconsin Assembly Bill 411 (2017-2018 Legislature)

Milwaukee Journal Sentinel | Assembly Bill 411 would reduce warden authority on…

3 Reasons Supporters Push Annexation Reform

A former aid to VP Cheney makes the case for annexation reform with these 3 arguments:

  • The current system doesn’t support a person’s ability to choose where they live
    • If you shoose to live outside the city, you should be able to stay outside of the city
  • Its undemocratic not to allow a vote by the owners who are being annexed
    • And this is unTexan
  • Reform should apply for all Texans, not just Texans in big cities

Commentary: Why Texas should push back against involuntary annexations |…

Legal Trend. Is the Land Owner Bill of Rights Mandatory? In this state, cities say no.

In Georgia, cities are arguing before the Georgia Supreme Court that the 2006 Land Owner Bill of Rights is not mandatory and there is no enforcement mechanism. 

Landowners in Marietta say that the Land Owners Bill of Rights is mandatory.

Background of the eminent domain dispute:

  • City offers $85,000 to build a park.
  • Court awards $225,000 for the only black grocery store in a historically black district. 
  • Court said the city violated the Land Owner Bill of Rights by not acting transparently…

Private Property Rights. Drone Law Requires Local Control Be Included. 5 Bits informed:intel.

Federal drone legislation seeks to provide this broad framework:

  •  secretary of transportation would develop “civil unmanned aircraft policy framework”
  • harmonize time, place and manner from drone use

In addition to broad federal framework, it requires flexibility for local ordinances concerning:

  • more control over protecting residents’ privacy & property rights
  • create low-altitude speed limits
  • establish local no-drone zones

Drone Innovation Act | Rep. Jason Lewis (R-MN)

Morning Consult…