Category Archives: private property rights

INTERIM. Private Property Rights. Sharing Economy. Local Government Fines Create Lawsuits.

What local government fines are home share platforms facing?

  • In San Francisco, AirBnB and other home sharing services face $1000 per day fine for every unregisered host
  • In New York, fine anyone who rents a whole apartment for fewer than 30 days, which has been illegal in New York since 2010

What’s the basis for the San Francisco lawsuit? 

  • Feeral law prohibits holding websites legally accountable for the acts of their users

New York Times | Airbnb in Disputes With New York and San…

Lawsuit Challenges Constitutionality of Texas Eminent Domain Process.

Which eminent domain legal fight turned constitutional? The Trans Pecos Pipeline

Why do landowners believe Texas eminent domain laws are unconstitutional under the federal constitution? Because property is deprived before due process in that land is taken before the legal issues are resolved

The potential impact of this litigation? A ruling for the landowner impacts all eminent domain processes in Texas. Potentially stopping the ability for comdemning entities to build while litigation…

High Speed Rail Expert SayS Eminent Domain is a Subsidy

The Expert: Stanford University economics professor Alain Enthoven

The Subsidy angle: Eminent Domain is a subsidy.

A conservative writer points to Enthoven and 2 other “experts” to support the argument that subsidies will be involved in Texas High Speed Rail.

Ft Worth Star Telegram | Crystal Wright | Is rail company lying about building Texas bullet train without subsidies?

Property Rights. Sharing Economy. INTERIM. TREND. Local Short Term Rental Rules from the Midwest.

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

  • This is about a new economy.
  • Chicago is racing to keep up with new economic drivers.
  • “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

  • Different types of residences are regulated differently
    • a building with 5 residences, only 1 can be used for short term rental at a…

Legal Trend: Appeals Court denies Eminent Domain Authority to Pipeline. The 3 Private Property Rights Arguments.

Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court

What argument is made to deny eminent domain authority to the pipeline? 

  • The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
  • Plus, the pipeline is interstate
    • so it can’t be regulated by the state
    • and, there is no interstate eminent domain…

3 Economic Impacts to City of New London, Post-Kelo.

  • The land taken for the infamous Kelo case, remains largely undeveloped and thus not an increased tax revenue source
  • The job creator, Pfizer, left before its property tax exemption expired, and would have increased its taxes by 400%
  • New London lost 1,500 jobs when Pfizer left

Legal Solutions via Reuters | TODAY IN 2005: SCOTUS DECIDES KELO V. CITY OF NEW LONDON

Sharing Economy. Home Share Regulations. Austin Lawsuit. Be Informed. 5 Bits Intel.

Who filed suit against the City of Austin short term rental ordinance? Texas Public Policy Foundation

What’s the goal of TPPF?  No licenses for property owners who lease out property for less than 30 days

What 2 constitutional rights are alleged in the lawsuit? The Right to Assemble. The Right to Privacy. 

How does TPPF address the argument that short term rentals are nuisances? That the city data does not support the city’s claim that the nuisances warrant special regulation

How…

INTERIM. Precondemnation Access. Eminent Domain. The Attorney General Opinion to Answer it All.

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

  • surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
  • pre-condemnation access can…

State Prohibits Eminent Domain by Private Entities. 3 Key Points about the Committee that may Revive Eminent Domain.

Which state legislature has formed a Pipeline study group to recommend eminent domain reform? Georgia in coordination with its year long prohibition on eminent domain by pipelines

What is required of the 13 members of the Pipeline Study Group?

  • Between June- December hold up to 5 hearings
  • Issue a report by December 31, 2016
  • Examine whether petro-pipelines eminent domain powers are:
    • prudently exercised
    • responsibly conducted
    • consistent with the state’s essential public interest

Who…

Home Owner Bill of Rights Heads North. Adds Property Taxes + More. Your Informed Intel.

Wisconsin legislature is pushing forward with a Land Owner Bill of Rights.

Why does the Land of Cheese think Land Owner Bill of Rights is necessary? The need for more information during eminent domain being used by an ” overbearing government”

What 9 elements are in Wisconsin’s Home owner Bill of Rights?

  • Controlling Property Taxes
  • Broadband Access
  • Energy Security and Affordability 
  • Eminent Domain Reform
  • Regulatory Takings Reform
  • Right to Fly the Flag
  • Right to Privacy on One’s…