Category Archives: private property rights

Sharing Economy Trend. Country Lists Itself on AirBNB

the country: Sweden

How can a country list itself on AirBnB? In Sweden, the first law of the country is Allemansrätten which means you can freely roam, camp and forage.

Does Allemansrätten mena you can enter homes or cabins and pillage? No. Swedes aren’t inviting people to be Vikings. The law means you can pick some chantrelles in the forrest, it doesn’t mean pick the lock on the cabin.

Business Insider Nordic | The country of Sweden just became the world’s first to be listed on Airbnb -…

Lege Trend. No Eminent Domain for Certain Developments.

State: Tennessee

The eminent domain prohibition:  no eminent domain for industrial parks. The Tennessee statute set forth examples of projects that constitute public use, the bill deleted industrial parks from the list.

The legislation: Tennessee’s Senate Bill 1184

The Standard Banner | New law prohibits eminent domain for industrial parks

Knoxville News Sentinel | Eminent domain reform protects farmers

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study:  • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017) 

York News Time | Resolution would stipulate hearings on eminent domain issues

Local Government Drops Eminent Domain. Works Deal. 3 takeaways from the Deal.

What local government wanted to use eminent domain? Garden City Utah wanted to take land from 11 property owners to create a public access point to a lake

The city agreed to drop eminent domain proceedings in exchange for? The subdivision agreed to create a public walkway to provide lake access

What 3 goals were accomplished with the deal?

  • home owners kept their privacy
  • town residents and visitors have added access to Bear Lake
  • the town’s population tourism numbers increase

KSL.com…

Private Property Rights. 3 Reasons Tree Cutting Ordinances Harm Property Rights.

Texas Public Policy Foundation lays out 3 reasons that local tree cutting ordinances harm private property rights:

  • private property rights include ownership of the natural resources (trees) contained with the land 
  • TPPF loops in Article I, Section 17 which says in rough terms, if the government takes property, the government pays
  • Trees are not a public resource, trees are a natural resource belinging to the property owner

 

The solution: “Texas Legislature should prohibit local…

6 Reasons the Right Thinks Idahos Short Term Rental Statute is the Best.

In 2017, Idaho passed short term rental law ( HB 216 ) that is being hailed by the right as model legislation because the regulations:

  • requires owners of short-term rentals to pay state sales and hotel taxes
  • taxes will be collected by “marketplaces” such as Airbnb
  • property owners to register with the state tax commission 45 days after their first lodging transaction
  • uses state authority to stop local bullies from singling out STRs for special mistreatment
  • local governments can regulate…

3 Points from Eminent Domain Pits Property Rights vs. Energy

Background for article: A land owner who was offered  less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.

How the article sets up land owners v. energy:

  • Landowners claim that not allowing a land owner who prevails to be awarded attorney fees “​provides incentives for utilities, pipeline companies and government entities to undervalue properties in eminent domain takings”
  • Energy industry argument…

4 Points. Bill Protects Private Property on San Marcos River.

SB 965 (2017) by Zaffirni would:

  • Counties along the river will be able to approve the creation of water and safety zones
  • The water & safety zones can impose fees of up to $4 per person
  • The fees would support services such as rental of recreation equipment, shuttle service or ingress or egress service
  • Due to limited law enforcement the water and safety zones would serve to protect land owners along the San Marcos River

House Sponsor: Cyrier

Texas State University Star | Senate passes…

Private Property Rights v. 2nd Amendment Rights. The Loophole in the East.

State: Virginia

How are private property rights and gun rights butting heads? A retirement community is seeing gunfire from a neighboring agricultural land area on which the owner fires his guns

What is the loophole in the code?  landowners can fire their weapons on their land at pleasure “on any private property in a “basement, cellar, or target range,””

WY Daily | Gunfire near Colonial Heritage pits gun rights against property rights in James City County