Category Archives: private property rights

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.

Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.

So what would this impact?

  • potentially the amount of compensation for fair value determinations
  • when the land can be taken by the government
    • currently the land can be taken before a final determination of compensation
    • this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…

LOCAL Trend. 4 years. 75% reduction in vacant buildings. 3 Steps.

In under 4 years, St. Petersburg Florida reduced the number of vacant homes by 75%.

How did St. Petersburg achieve this?  

  • Used courts to foreclose properties for unpaid taxes
  • Targets proeprties owned by absentee landlords
  • Then the city sells the property to:
    • nonprofit affordable housing developers for $4,000 or
    • sells the foreclosed properties at auction

Governing | To Fight Blight, One City Turned to Courts

Anatomy of a new Short Term Rental Tax.

Massachusetts Governor Baker signed a 1st in the nation, short term rental regulation & tax, that will:

  • create & fund a regional wastewater program for the Cape and Islands
  • estimed to generate $34.5 million annually in state revenue and $25.5 million in local funding through taxes
  • Policy goals:
    • levels the playing field with hotel/motels
    • preserves local control
    • protects consumers
    • offers a source of revenue from our visitors to finance a very pressing wastewater needs

Inquirer &…

Private Property Rights. Coastal Barrier Protection, Rep. Elect Mayes Middleton.

The private property rights issues related to the Coastal Barrier System:

  • Mayes Middleton opposes the displacement of any homes or businesses on Galveston and Bolivar Peninsula
  • the original intent of the project should be respected (which does not involve displacing businesses or homes) by returnign to the dune-line protection plan

Houston Chronicle | State Rep.-elect Mayes Middleton eager to prove his conservative bona fides

Eminent Domain. Church Land. Texas Court Case. Pre-condemnation Access.

The land at issue: On the border with Mexico is owned by the Catholic Church

Where are we in the process? The Bishop denied access to the land for surveying.

The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.

The issue: Does the church’s religious convictions trump any taking for a public purpose.

KVEO | Major Law School Helps Church Caufht in Border Wall’s Path

Legal TREND. Short Term Rental Lawsuit over number of Occupants as Anti-Christmas.

Where: South Lake Tahoe, CA

The lawsuit basis: ” infringes on the constitutional rights of property owners by arbitrarily restricting the number of individuals who can occupy a vacation unit”

The kicker: intereferes with people’s holiday plans

The local rules on short term rentals in South Lake Tahoe? 2 persons per bedroom & bans short term rental sin residential neighborhoods

AP | Legal fight arises over South Lake Tahoe rental home rules

 

Lege TREND. Anatomy of A short term rental deal in a State Legislature.

Massachusetts legislators have reached a deal on statewide short term rental bill that will:

  • exempt proprietors who file an affidavidt that they will not rent the short term rental for more than 14 days in a calendar year
  • does not apply the  5.7% hotel and motel room tax to these 14 day or less per year  rentals

AP | Massachusetts lawmakers reach deal on short-term rental bill

Commonwealth | Lawmakers reach short-term rental agreement 

Eminent Case Du Jour for Private Property Rights Think Tanks

The eminent domain case that will be repeated in legislative sessions:

  • GM shuts down factor built on land taken by eminent domain in 1981
  • 4000 people were displaced during the process

Reason | GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking