The 8th Circuit ruled that limits on yard signage cannot prevent 2 signs, if it permits 1 flag and 1 sign.
Local TREND. No to Solar Farm. 3 Property Rights Issues
Where: Augusta County, VA
The proposal: County Board of Supervisors voted against a solar farm
What property rights are at issue?
- The county wants to maintain county property for the county inventory for a potential development
- The farm land owners want the option of solar
- Neighboring property owners are concerned about their property rights
New Virginian | Augusta County supervisors nix solar farm on 4-3 vote
Ride Share Laws = Inverse Condemnation on Taxi Licenses?
Arguments FOR ride share laws being the unlawful taking of taxi licenses without just compensation:
- There is a property value in a taxi license/token
- Even if there is a property right, is the value in operating the taxi free of others operating similar services?
Courts in FL and IL have said yes there is a property right, but it doesnt grant exclusive rights that would be compensated under the takings clause.
Owners Counsel | Lawprof: “Does Legalizing Uber and Lyft ‘Take’ The Property Of Taxi Companies?”
Local TREND. 2 Ways Eminent Domain Hampers Economic Development.
Michigan use to allow local governments to assemble land, with eminent domain powers, for economic development deals. Not so after Kelo and it hurt Detroit’s ability to make a deal with Jeep.
With eminent domain, acquiring land would be:
- quicker
- cheaper
- makes rural and suburban areas more competitive for big economic development deals where land is easier to acquire
Detroit Free Press | Limits on Detroit’s use of eminent domain made Jeep deal much harder to do
Local TREND. A Short Term Rental Ordinance Limiting Guests and Rooms.
Where: Raleigh, NC
What is Raleigh up to?
- limit of 2 adult guests
- allow rental of only 2 rooms in a home
- $500 violation fine
WRAL | Raleigh to limit number of guests, rooms Airbnb hosts can have
LegalTREND. TX Supreme Court Says Texas KELO fix had MASSIVE hole?
This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.
What part of the law did the Court find the exception in?
“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…”
So… what are legal types saying? potentially all roads are excepted from the Kelo related limitations on eminent domain.
Lege TREND. Exempt Private Shirt Term Rentals from Taxes
Where: New Jersey
The legislation: S3158 (2019 | NJ)
What’s the legisltor wanting to do with this? The taxses on short term rentals should hit the companies, like AirBnB, not the individual landowners
So, if a homeowner didn’t use a pltform to rent their home, then there is no tax.
Legal TREND. The Next Kelo: Build First, Pay Later Takings
What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb
Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner
Lege TREND. Requiring Landowner Compensation for Local Ordinances. State Declared Inverse Condemnation.
Where: Pennsylvania
The Legislation: HB 827 (2019 | PA)
What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking
KYW | Pa. House debates bill to require compensation if DRBC bans fracking
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