Category Archives: private property rights

Lege TREND. Anatomy of a Statewide Short Term Rental Bill.

State: Massachusetts

The bill: H4841 (MA | 2018)

What does this statewide short term rental bill do?

  • register with the state
  • minimum of $1 million in insurance
  • 5% tax to the state
  • Cities can impose an additional 6% tax
  • Creates state affordable housing fund
    • funded by 3%  tax on property owners with 2+ short-term rentals in the same city
  •  Exempts properties rented for fewer than 14 days/year

Governing | As Airbnb Battles Cities Trying to Regulate It, One State Joins the Fight 

Lege Trend. 1 bill. Land Owner Compensation + Precondementation Access Limitations.

Virginia’s SB 1421 (VA | 2019) will:

  • Compensation. Require consideration of “everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.”
  • Permission to Enter…

3 Points to Know. Eminent Domain v. Freedom of Religion

What is the Catholic Church on the Texas border, which will have a chapel in the border wall enforcement zone, saying about the use of eminent domains in its legal briefs?

  • Tantamount to requiring the church to participate in the building of a wall
  • the wall  is fundamentally inconsistent with Catholic ideology
  • Places an unjust burden on the freedom of religion

The Georgetown Voice | Georgetown Law Backs Catholic Diocese In Border Wall Proceedings

 

Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors

Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:

  • penalize companies for intentionally low-balling landowners during negotiation
  • put landowners “on an even footing,
  •  more transparent, fair and accountable eminent domain process.”
  • costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
  • the…

Lege Trend. From the East. Compensating for Appraisal Costs +More

Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.

What is the bill author saying?

  • “The pipeline companies should not get preferential treatment under our condemnation laws,”
  • “level the playing playing field”
  • This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”

Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate

Legal TREND. A new Kelo? Introduce yourself, Knick…

 Knick v. Township of Scott, Penn.  argued before the US Supremes this week is eminent domain and tort reform all in one.

The question is- do property owners have to exhaust all state courts for remedies before they being a case in federal court.

If the answer by the Supremes is No, then say adieu to Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City. This is the case you hear about in evry legislative debate about eminent domain.

Why would Williamson County be…

Bill Ends Annexation of Agricultural Land

Forced annexation of agricultural land would end under House Bill 25 (ID | 2019)

This bill will:

  • Prohibit annexation of 5 acres
  • Unless the owner gives written permission
  • Clarifies that it applies “regardless of whether it is surrounded or bounded on all sides by lands within a city.”

Post Register | New bill would stop ‘forced’ ag land annexations