Private Property Rights. 3 Reasons Tiny Houses are often Illegal.

Are zoning laws usually the enemy of tiny houses? Yes. Zoning laws often prevent tiny houses.

  • tiny houses can violate zoning by location
  • tiny houses can be too small to comply with single family residence codes
  • tiny houses can violate codes that require residences be connected to local utilities

What is the argument against allowing tiny houses in zoning ordinances? That property values will diminish by permiting tiny houses

Are tiny houses running amock with building codes? Somestimes yes, Some builders follow building codes, other times any staircase in a tiny house can violate uniform building codes or lofts are not tall enough.

Governing | Tiny Houses: Affordable, Energy-Efficient and Often Illegal

Property Rights. Sharing Economy. INTERIM. TREND. Local Short Term Rental Rules from the Midwest.

Which city passed new short term rental rules? Chicago

What was said the councilmembers? 

  • This is about a new economy.
  • Chicago is racing to keep up with new economic drivers.
  • “This is the ‘Jetsons.’ We’re not going back to the ‘Flintstones,'”- Alderman Moreno

How are the new regulations described? “Dizzyingly complex”

What are 5 regulatory highlights?

  • Different types of residences are regulated differently
    • a building with 5 residences, only 1 can be used for short term rental at a time
    • larger buildings are capped at 6 or 25% of the units, whichever is smaller
  • Precinct by precinct initiative and referendum permited to allow an alderman to amend the local code for the precinct
    • local areas can choose to either:
      • outlaw new listings
      • allow new listings only in the “primary residences” 
  • 4% tax to fund homeless services
  • $60 ad fee for each online posting of a short term rental
  • $10,000 local license for the short term rental hosting service

Chicago Tribune | Airbnb rules easily pass Chicago City Council despite vocal opposition

 

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Legal Trend: Appeals Court denies Eminent Domain Authority to Pipeline. The 3 Private Property Rights Arguments.

Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court

What argument is made to deny eminent domain authority to the pipeline? 

  • The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
  • Plus, the pipeline is interstate
    • so it can’t be regulated by the state
    • and, there is no interstate eminent domain authority
  • There is no public benefit to Pensylvania because the goods carried on the pipeline will be used for export

State Impact Pennsylvania | Appeals court clears way for eminent domain suit against Sunoco Logistics

3 Economic Impacts to City of New London, Post-Kelo.

  • The land taken for the infamous Kelo case, remains largely undeveloped and thus not an increased tax revenue source
  • The job creator, Pfizer, left before its property tax exemption expired, and would have increased its taxes by 400%
  • New London lost 1,500 jobs when Pfizer left

Legal Solutions via Reuters | TODAY IN 2005: SCOTUS DECIDES KELO V. CITY OF NEW LONDON

Lege Trend: Eminent Domain + Redevelopment + Blight = Property with lower than state average income.

Which large western state utilizes redevelopment agencies that have eminent domain authority? California 

When did redevelopment use of eminent domain slow? During the financial downturn

Which use of emient doamin garnered the ire of property rights advocates in California?

  • The use of eminent domain 
  • To transfer private property to another private party
  • The transfer, used by school districts & local governments, was to increase jobs or increase tax revenues

What’s the California Legislature doing now to eminent domain for redevelopment?

  • Increase funding for redevelopment efforts
  • Redefine blight to allow for property where the median income is below the state average

What has the California Legisaltive Analysts Office said about eminent domain for redevelopment? 

  • ““The state’s costs associated with redevelopment have grown markedly over the last couple decades, yet we find no reliable evidence that this program improves overall economic development”
  • Any increase in jobs would have resulted without the redevelopment agency use of, or threat of,  eminent domain 

California’s AB 2492 (2016)

San Diego Union Tribune | Op-Ed Pacific Legal FOundation | Lawmakers move to revive abusive eminent domain

Lege Trend. Constitutional Right to Farm. Constitutional Eminent Domain Protection for Farmers.

Which state has a constitutional right to farm on its November 2016 ballot? Oklahoma

What eminent domain protections does it include?

“The Legislature shall pass no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural technology and livestock production and ranching practices without a compelling state interest. Nothing in this section shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, dominance of mineral interests, easements.”

What do opponent claim is the intent of the constitutional amendment? To allow a water rich protion of the state to sell water to water poor areas of the state and to neighboring state, Texas.

The ADA News | Right to water? Right to Farm opponent expresses concerns about possible water grab from eastern Oklahoma if constitutional amendment is passed by voters

Sharing Economy. Home Share Regulations. Austin Lawsuit. Be Informed. 5 Bits Intel.

Who filed suit against the City of Austin short term rental ordinance? Texas Public Policy Foundation

What’s the goal of TPPF?  No licenses for property owners who lease out property for less than 30 days

What 2 constitutional rights are alleged in the lawsuit? The Right to Assemble. The Right to Privacy. 

How does TPPF address the argument that short term rentals are nuisances? That the city data does not support the city’s claim that the nuisances warrant special regulation

How many times does TPPF say property owners were prosecuted concerning short term rentals? 5 times. All 5 were for operating without a license.

Dallas Morning News | Ordinance targeting renters stirs up sharing economy fight over Airbnb in Austin

TPPF | TPPF Files Lawsuit to Halt City of Austin Short-Term Rental Ordinance

INTERIM. 4 Ways Eminent Domain is Destroying Texas Landscapes

Let us count the ways that eminent domain is destroying land, irreplaceable landscapes and precious natural resources in Texas:

  • Private companies using land for profit
  • utilities and infrastructure running rampant
  • The proliferation of MUDs
  • MUDs serve private developers 

Wimberley Valley Watershed | How Eminent Domain Abuse is Destroying Texas’ Most Valuable Landscapes

INTERIM. Precondemnation Access. Eminent Domain. The Attorney General Opinion to Answer it All.

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

  • surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
  • pre-condemnation access can only exist because the entity has the power of eminent domain
  • High Speed Rail has gone so far as taken landwoners to court for not allowing pre-condemantion access
  • High Speed Rail claims Sections 81.002, 112,051, 112.053, 131.011 and 131.012 of the Transportation Code support that it is a railroad that has eminent domain authority under the Transportation Code
  • High Speed Rail meets neither the formation date requirement nor the current operation as a railroad requirements of Transportation Code Sections 81.002 
  • High Speed Rail fails to meet the definition of interurban electric rail in Section 113.011 and 113.012 because Texas old civil statutes define interurban electric rail and it is not high speed rail for these reasons:
    • High Speed Rail is not a Section 81.002 railroad
    • Civil Statutes show interurban electric rail was to connect suburbs with their cities
    • Interurban rail has to be completed within 1 year of condemnation
    • They sell energy to the public
    • Require municipal approval for tracks that traverse a city

KOXE | Lawmaker Revives Eminent Domain Question for Dallas-Houston High Speed Rail Project

Gilmer Mirror | Lawmaker Revives Eminent Domain Question for Bullet Train