Regulatory TREND. State Private Property Rights Ombudsman

Which state had a private proeprty rights ombudsman? Connecticut

How was it created? By the governor.

The last Governor to include on in their administration: Gov. Jodi Rell’s administration

3 other states have a state office that advocates for property owners: Utah, Virginia and Ohio

Connecticut Law Tribune | Bring Back the State’s Property Rights Ombudsman

Lege TREND. Watchdog brings Ethics Complaint Against Lawmaker who Backed Utility Eminent Domain Use

Where: North Carolina

What: A long time lawmaker, whose lawfirm represents a utility, also pushed legislstion to help the utility, allegedly according to an ethics complaint

Why the beef? Because the utility is taking people’s land 

 

Tacoma News Tribune | AP | Group files ethics complaint against N Carolina legislator

Local TREND. Anatomy of an Economic Development Plan with Eminent Domain. Who. Where. What.

Who: Amazon Headquarters 2

Where: New York

What: New York City officials and New York State officials pitch to lure Amazon included the use of eminent domain for prime real estate

What specific eminent domain offers were made?

  • “Subject to public approvals, ESD is empowered to acquire, encumber and dispose of any real property interest, including through eminent domain,”
  • ““ESD can also override local zoning, offer tax subsidies while holding title to a property, and provide lower-cost…

Business TREND. Property Rights in RVs.

Business: RVezy

What is RVezy​?

  • short term rental/sharing of RVs
  • including peer-to-peer insurance in 2017

Watch for regulations & legislation on:

  • permitting
  • licesning fees
  • taxes
  • insurance requirements
  • use and parking locations

Markets Insider | Another First for the RV Sharing Economy: Canada’s RVezy Launches IOS & Android Ap

 

Legal TREND. US Supreme Court and Beach Access. legislative Eminent Domain.

The US Supreme Court has rejected a case brought by a California billionaire to privatize a formally open beach. 

The California Legislature in 2018 budgeted for the use of eminent domain to reclaim public beach acess. After the case had wound its way through California administrative law judges and the California courts which provided fo the use of eminent domain.

Economic Times | US Supreme Court rejects Indian-origin billionaire’s plea for a private beach 
 

 

Property Rights TREND. Chronic Wasting Disease Rules. 4 Key Points. Apple Blossom State.

Michigan’s new hunting rules to combat chronic wasting disease include:

  • Reduce Antler Requirement. In the 16-county CWD Management Zone, reduced the 4 pt. on a side requirement to at least 1 3 inch antler
  • Private Land license. Created a discounted antlerless license in the CWD Management Zone on private land
    • limited to 10 per hunter
  • Ban urine based lures. Statewide ban on the use of all natural cervid urine-based lures and attractants
  • Ban baiting & feeding in Management Zone. Immediate…

Lege TREND. Extending ban on eminent domain for unregulated & deregulated private companies

In 2018, South Carolina legislators extended the ban on the use of eminent domain by private pipeline companies.

The ban continues until November 20,2020 while a panel makes recommendations whether whether unregulated utilities should have any of the eminent domain powers that regulated utilities have.

Land Use regulatory TREND. Real Estate License Requirements for Short Term Rentals?

State:Pennsylvania

The regulatory requirement for managing short term rentals: a real estate broker licensing requirement that “makes it a crime for anyone but a fully licensed real estate broker to help property owners manage rental properties on sites like Airbnb” 

Who challenged the regualtory scheme? The Institute for Justice

What have the courts done? Appellate Court has kept the licensing requirement in tact

What is the argument against a broker license for managing short term…

Campaign TREND. Regulatory TREND. High Speed Rail + Amtrak = Eminent Domain?

Background: 

  • 2016 Surface Transportation Board did not authorize eminent domain for Texas Central Rail proposed high speed rail between Dallas and Houston
  • A 2018 partnership with Amtrak triggered a request for reconsideration of the 2016 eminent domain issue

Campaign TREND.

  • HD 8 primary run-off candidate Cody Harris says the following about eminent domain use and high speed rail:
    • “dishonest and deceitful scheme by Texas Central”
    • “attack on rural property rights”
    • ” transparent assault on…

Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?

A Louisiana Court ruled that  Public Records Laws Not Applicable To Private Pipeline Company.

Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records

The Court’s response— there is no basis for applying open records requirements in this matter.

Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company