Legal & Lege TREND. Can a HOA retroactively prohibit leasing in a sharing economy?

The Big Question: Can a home owner association retroactively restrict the ability of a property owner to lease their property?

The majority of states and courts say yes, retrocative property rights restrictions on short term rentals are ok. 

Harvard University | Retroactive restraints on leasing in homeowners associations

 

 

Lege TRENDing. Special Session. Private Property Rights vs. Recreational Water.

South Dakota Governor called a special session to  “create a set of rules for outdoor enthusiasts who want to use lakes on private land in South Dakota for recreation”

The special session is in direct response to a State Supreme Court ruling that denied access to lakes from private property. 

Refreshing our recollection  from march 22, 2017 informed:intel  Legal Trend: Are all Waterways Open to the Public? No, not up north.

What does proposed draft bilsl look like to addres access to lakes from private property:
  • prophibit property owners from charging a fee to fish
  •  lakes on private property are open for recreational use unless a landowner installs signs or buoys saying an area is closed

​All waters in South Dakota are public property.

AP | Governor calls special session about lakes on private land

Refreshing Recollection. 3 Points from TPPF on Tree Ordinances.

According to TPPF here’s what’s happening with tree ordinances in Texas

  • 50 cities have onerous tree ordinances
  • By way of example, TPPF points to Austin which requires city approval to:
    • remove a tree with a trunk diameter over 9 inches
    • if the tree is over 24 inches in truck diameter, then its a heritage tree, and removal is forbidded unless there is a safety issue
  • To solve this problem, TPPF recommends that the Legislature

      1. ” prohibit local governments from preventing the trimming or removal of trees or timber located on the landowner’s property. “

TPPF | Local Overregulation: Tree-Cutting Ordinances 

Private property Rights. Annexation. Who is on the Annexation Special Session bandwagon?

3 Bits Info. Eminent Domain Activism in Texas- legal activism edition.

The legal activists:  Texas Civil Rights Project

The Texas Civil Rights Project goal is to:

  • Educate Texas landowners by producing videos, in English and Spanish, that spell out landowners’ Constitutional rights
  • Holding “know your rights” training sessions for property owners with lawyers & legal volunteers

The target land owner: Border land owners

Corpus Christi Caller Times | Texas Civil Rights Project teaches landowners faults of ‘wrongheaded’ border wall policy

2 Restrictions on Quick Take Eminent Domain from the Midwest

In Illinois, for a county to use quick take eminent domain, it requires:

  • Legislation
    • Pass both chambers of the Legislature
    • Be signed by the Governor
    • Be approved by the County Board 
  • The Quick Take eminent domain authority has a clock
    • It must be exercised within 1 year

Illinois Senate Bill 567 (2017)

Herald Review | Macon County eminent domain authority awaits Rauner OK