Category Archives: private property rights

Private Property Rights. Sunshine State Super Short. Super Powerful Bill on Vacation Rentals.

 A local law, ordinance, or regulation may not restrict
  the use of vacation rentals, prohibit vacation rentals, or
  regulate the duration or frequency of rental of vacation rentals
  based solely on their classification, use, or occupancy. This
  paragraph does not apply to any local law, ordinance, or
  regulation adopted on or before June 1, 2011.

Florida HB 425 (2017)

Sunshine State News | House Committee Approves Bill to Deregulate Vacation Rentals

 

HB 2556 Property Damage Cost Recovery. 4 Points from The Author

  • Property Rights are Sacred
    • ​“As a small business owner and real estate broker in Texas, I know firsthand that property rights are one of the most sacred liberties that Texans enjoy,” Holland said. 
  • Fair Market Value Offers will cut court costs
    • “HB 2556, my component of eminent domain reform, will empower property owners and commission condemning authorities to extend fair market value offers to deserving landowners, additionally saving our state from frivolous administrative appeals costs…

How the Palmetto State Frames No Eminent Domain for Private Gain

What’s happening in South Carolina? The South Carolina Legislature is headed to restrict or limit eminent domain for pipelines.

This is how the Republican Chairman of the Substantive Committee is framing the issue:

  • “Regardless of what we do with eminent domain” (a ban or harder regulator standards)
  • “the pipeline companies can still negotiate with landowners”
  • “to purchase an easement or right of way, or buy the property outright” (pipelines have options)
  • “We are talking about private,…

2 Show Me State Bills Restrict Utility Use of Eminent Domain.

The Missouri 2017 Bills: H.B. 640 and H.B. 795 

What the bills do:

  • restrict utility easements
  • limit eminent domain
  • require new projects to use existing easements
  • run any new routes along property boundary lines
  • requires agreement of 60% of landowners before using eminent

KTVO | Walker leads capitol rally on “Stop Eminent Domain Day”

Peach State Bill Sets Up 2 Step Process for Private Entities & Eminent Domain.

Georgia’s Senate Bill 191  sets up this 2 step process for a pipeline to obtain eminent domain:

  • receive a “certificate of need” from the Georgia Environmental Finance Authority; AND
  • approval by Georgia’s environmental agency 

A late amendment prohbited pipelines in coastal areas, the Georgia Coastal Zone Management Program, to “protect the drinking water.”

Atlanta Journal Constitution | Georgia Senate approves new pipeline limits

Show Me State. Show Me Property Rights. 3 Points informed: intel

  • demand responsible routing of utilities along property lines, boundary lines or section lines
  • require minimized land damage
  • Limits the amount of PSI exerted on soil

What supporters say: “protects our property rights from those who would steal our land for their own profit.”

How does the bill apply? It applies to all condeming entities BUT only to agricultural land.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills

1st Amendment Protections in Eminent Domain. Case Study on Religion Owned Land.

Where: West Virginia

The eminent domain project: A gas pipeline

The religion owned land: Hare Krishna community

The 1st amendment argument: “infringement on its freedom of religion rights and “seeks to take a non-metaphorical bulldozer through the Vrindaban Parties’ property, and in turn, through their most sincerely held holy sites.”

The property to be taken:  50-foot-wide right of way about 3,000 feet long

The Offer: $7,000

Stay Tuned.

Power Source | Gas pipeline raises freedom of…

Private Property Rights: Advocating for Tiny House Laws. 3 Key Pieces of Intel.

State: Oregon

The Advocates want:

  • Crack down on “bootleg” construction. (Do images of lumber jack beards and moonshone pop into your head too?)
  • Protection for non-sited tiny homes
  • Construction Codes 
    • House Bill 2737
    • special construction codes for homes that are smaller than 250 sq.ft.
    • allow narrow ladders or stairways for lofts
    • allow narrow ladders or stairways for lofts
    • exemptions from required electrical…