Local TREND. Fees on Short Term Rental to Fund Domestic Violence Shelters. Where. What. How Much.

Where: Chicago

What do short term rental taxes/fees currently look like: 

  • Chicago has a 4% surcharge on short term rental platforms
  • The surcharge & fee are on top of the 17.4% hotel/motel tax
  • Chicago has a $10,000 license fee for platforms
  • Chicago also imposes a $60 per-unit fee

How much is the new proposed fee? An additional 2% fee earmarked for shelter beds for victims of domestic abuse

Illinois Policy | The mayor’s proposed 2 percent fee would punish short-term rental customers and providers

Lege Trend. Short Term Rental Registry. What you need to know.

Massachusettes Legislature is considering a short term rental regualtory structure that would create a data base for short term rentals.

The data base would:

  • maintained by the state agency with oversight
  • including information regarding Host
  • available for public review
  •  individual names will be redacted from the records available for public view

H3454 (2018 |MA) 

Private Property Rights in the Middle of a State Budget Fight.

Short Term Rentals, and the tax on short term rentals, became a bargaining chip in New Jersey Legislators.

Estimated annual revenue from the short term rental revenue in New Jersey: $250 million 

How New Jersey Would tax Short Term rentals:

  •  expand sales tax
  • apply the state’s  6.625% sales tax to r entals of fewer than 90 days would be taxed

NJ.com | Tax on shore rentals? I don’t like it, Phil Murphy says of Dem leaders’ key budget offer.

Lege TREND. How an eminent domain prohibition bill carved out utilities.

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

  • a court grants permission because there is no other reasonable and prudent alternative
  • its a utility exercizing eminent domain if:
    • the utility is underground
    • does not permantly impact th eopen spaces benefited by the conservation easement

 

Lege TREND. Protecting Open Spaces by Prohibiting Eminent Domain.

Pennsylvania HB 2468 (2018 | PA) protects open space by making it harder to condemn land that is subject to a Conservation Easement.

How does this work?

  • Land subject to a conservation easement cannot be condemned unless:
  • An court says that eminent domain can be used
  • A court can only say that eminent domain can be used if:
    • necessary for the health and safety of a community
    • no other reasonable and prudent alternative

Compensation in the Bitterroot State Constitution

State: Montana

What phrases does the Montana Constitution use for compensation for a taking by the power of eminent domain?

  •  “full extent of the loss having been first made to or paid into court for the owner.”
  • “just compensation shall include necessary expenses of litigation to be awarded by the court when the private property owner prevails.”

Key phrase Shorthand? Attorney fees, court costs, and full extent of the loss

Montana Constitution Article II, Section 29  

Legal Trend. Is a bridge blocking a billboard a taking with compensation?

Court: Wisconsin Supreme Court

Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?

The Court: No compensation for a bridge that blocks a billboard

The billboard company argument:   the business has been deprived of “all economically beneficial use”

Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected property interest,”

Wisconsin State Journal | State Supreme Court sides with Madison in dispute over Beltline billboard

Legal TREND to Watch. US Supreme Court Affirms Eminent Domain Protestor Case

The U.S. Supreme Court agreed to allow the case of an eminent domain protestor, who was arrested at a city council meeting, to proceed.

What is the eminent domain protestor claiming? That he has a 1st amendment right to protest