court topples private property protection bill

North Carolina passed an Ag-Gag bill that prohibited disclosure of “undercover animal-cruelty investigations and publiciz[ing] what they uncover.” The bill left the legislature and made a very fast trip to the courts. The court said that protecting private property rights is good and all but limiting free speech is not. Harvard Univeristy | Property Law […]

Ozark statewide short term rental law

Arkansas legislature has passed SB197 (2023 |AR) that says local governments infringe on private property rights in their regulation of short term rentals. Trust issues are alive and well between states and cities as the bill also prohibits cities from enforcing existing short term rental rules. Cities can require permits, but no more. This reminds me of […]

local home deed review for racist provisions

San Luis Obispo is reviewing home deeds to clear the deeds of racist provisions. Restrictive covenants in the 1940s limited residential property to caucasians. In 2021, the California Legislature passed AB1466 (CA | 2021), that outlawed discriminatory language in covenants, conditions and restrictions and develop a plan to remove the covenants. Governing | San Luis […]

Texas Attorney General and special districts. An Opinion.

Texas Attorney General Opinion KP-0437 answers the question whether a public facility corporation sponsored by a municipal management district created under chapter 375 of the Local Government Code can act outside its geographical territory. The answer: Probably yes and then cautions ” Whether a PFC should have this authority and the limitations of such authority […]

Backyard Burials

Washington State Legislature is moving HB 1037 (2023 | WA) that would allow for backyard burials. The bill gets to this point by removing the requirement that all burials must be conducted by registered cemetery corporations. The bill was brought to the author by constituents including local tribal members. KIRO 7 | Bill allowing family […]