You Can Have Chickens… Right? Why Backyard Chickens Aren’t as Simple as They Sound

Backyard chickens are often treated as a simple lifestyle choice. In reality, they’re one of the fastest ways for a homeowner to discover how many layers of control exist over how property can be used. The assumption is straightforward: if you own the property, you should be able to decide how to use it. That assumption tends to hold, until it doesn’t. Chickens are where it often breaks down.

What seems like a small, personal decision quickly runs into a layered set of local rules, zoning restrictions, and legal limitations that vary not just by state, but by municipality and even Continue Reading →

Supreme Court Affirms Property Rights in SHEETZ v. COUNTY OF EL DORADO

The Supreme Court has rendered a unanimous decision in the landmark case SHEETZ v. COUNTY OF EL DORADO, involving petitioner George Sheetz and the imposition of a traffic impact fee by El Dorado County, California. The key points of the decision are as follows:

Background: George Sheetz was mandated to pay a $23,420 traffic impact fee as a condition for obtaining a residential building permit, which he contested as an unlawful exaction under the Takings Clause.

Court’s Decision: The Supreme Court, in an opinion delivered by Justice Barrett, vacated the ruling of the California Court of Appeal. The decision clarified Continue Reading →

St Louis County Circuit Court Judge Strikes Down St Louis County Landlord License Ordinance

On June 2, 2017, in a victory for landlords, St Louis County Circuit Court Judge Gloria Clark Reno declared St Louis County’s landlord license ordinance unconstitutional. Going into effect on December 31, 2015, after being passed by the St Louis County Council, in a surprise vote, the St Louis County Landlord Licensing Ordinance required landlords to obtain a license annually to have the right to rent out their property. Continue Reading →

Are Landlords and Tenants Bad People?

So my headline is a rhetorical question and I personally don’t think landlords and tenants are bad people but, after seeing so many municipalities work so hard over the past few years passing ordinances that, in many cases, in my humble opinion, just tramples the property rights of landlords as well as the rights of tenants, one would have to believe that landlords and tenants must be some pretty bad people. After all, if not, why would some municipalities work so hard to discourage them from entering their cities and work hard to chase them out? Continue Reading →

New Landlord-Tenant Bill Make Force Missouri Landlords To Use Property Managers-UPDATED Feb 3, 2017

This legislative session, the Missouri State Legislature passed HB. 1862, which modifies provisions relating to the existing landlord-tenant law in Missouri, specifically, it repeals sections 534.350, 534.360, 535.030, 535.110, 535.160 and 535.300 of the Revised Statutes of Missouri and replaces them with five new sections as described in the bill. Continue Reading →

Judge Issues Temporary Restraining Order To Stop St Louis County From Implementing Rental Licensing Ordinance

Yesterday, St. Louis County Circuit Court Judge Gloria Reno granted a temporary restraining order against St Louis County to stop implementation of their recently adopted rental licensing ordinance. This is a huge victory for landlords, and property owners in general, as the new ordinance, as I wrote about previously, trampled property rights in many ways. Continue Reading →

St Louis County Surprise Vote On Landlord License Bill Tramples Private Property Rights

My, how fast things change! Nine days ago I wrote about a bad piece of legislation St Louis Councilman O’Mara had proposed with regard to the licensing of landlords and then, two days later, updated the article with the good news that the bill was voted down. Continue Reading →

Proposed St Louis County Residential Rental Property Licensing Is Property Rights Issue

Last April I wrote an article about a bill in St Louis County introduced by Councilman Michael O’Mara which me, and a whole lot of other people and groups with interest in preserving private property rights, thought would trample on those rights. Fortunately, as I later reported, the St Louis County Council chose not to move forward with the bill at that time. However, St Louis County Councilman Michael O’Mara is back at it with a new proposed ordinance, Bill No. 204, which is pretty much the same as last years version. Continue Reading →

Update on St Louis County Residential Rental Property Licensing Ordinance

Last month I wrote an article about a residential rental property licensing ordinance that was proposed in St Louis County by Councilman Michael O’Mara which I felt was a bad piece of legislation and an egregious violation of the private property rights of property owners. I heard from many readers that felt the same way I did and in fact, many of you turned out at the County Council meeting earlier this week to voice your opposition to the bill. I’m happy to say that the ordinance, which was on the agenda to be perfected, was in fact not voted Continue Reading →

St Louis County Residential Rental Property Licensing Ordinance Tramples Property Rights

A  residential rental property licensing ordinance has been proposed in St Louis County by Councilman Michael O’Mara which would  prohibit an owner of residential property in unincorporated St. Louis County from renting or leasing their property without first paying a fee and obtaining a residential rental license.   The bill, which has been kept relatively quiet and is impossible to find on the website for the St Louis County Council other than listed on the agenda, will most likely be passed at the meeting of the St Louis County Council tomorrow evening.

While there are several municipalities in the St Louis area that currently Continue Reading →

City of Bellefontaine Neighbors Attacks First Amendment Rights Again

Well, the City of Bellefontaine Neighbors, in north St. Louis County, is back at it again. As some readers may recall, in February of last year I wrote about the appellant court declaring that an ordinance passed by the City of Bellefontaine Neighbors requiring property owners to apply for an inspection before advertising their home for sale violated their property rights and was unconstitutional. Then, the following month I wrote another article on the subject, this time about how, in spite of the decision of the appellant court, the city of Bellefontaine was still enforcing the ordinance.

So what are Continue Reading →

REALTORS® Support Proposal to End Private Transfer Fees

The National Association of Realtors® announced that it “strongly supports” the proposed guidance from the Federal Housing Finance Agency to prevent government-sponsored enterprises Fannie Mae, Freddie Mac and the 12 Federal Home Loan Banks from investing in mortgages encumbered by private transfer fee covenants.

In a letter sent to the Federal Housing Finance Agency (FHFA), NAR reiterated its opposition to these covenants, which developers often attach to a property to require payment of fees back to that developer each time the property is resold. These covenanted mandates are often extremely difficult to reverse once in place, and in many Continue Reading →

Michigan couple awarded $600,000 judgment against Worth Township; Proof that you can fight city hall

Dennis Norman

Who says you can’t fight City Hall and win?

Well, it wasn’t easy, nor quick, but George and Margaret Paeth of the Worth Township in Michigan have”beat” City Hall and been awarded $600,000 by a Federal Court Judge. According to a press release by their attorney’s, Daniel P. Dalton and Pauline J. Pensler, this judgment is “one of the largest procedural due process and First Amendment retaliation verdicts in the nation, and the largest for the Eastern District of Michigan’s federal courts.”

Continue Reading →

Property Owner Gets Jail Time over Yard Art

First Amendment Versus Ballwin City Hall

Dennis Norman

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

This morning I saw an article on STL Today about a retired art teacher that was sentenced to 20 days in jail after he refused to make changes to art he has displayed in his front yard that “court and city officials have deemed dangerous.”

Continue Reading →

St Louis Real Estate – Bellefontaine Neighbors Lawsuit Update

Dennis Norman

Appellant Says Bellefontaine Ordinance is Unconstitutional but City Inspector Still Enforcing It

Last month I did a post about a decision handed down by the Missouri Court of Appeals-Eastern District that was a significant victory for St. Louis property owners by striking down part of an ordinance that violates our property rights as well as our First Amendment Rights to free speech.

Unfortunately, it appears no one told the City of Bellefontaine Neighbors they lost the case, or if they did, some may be choosing to ignore the court’s decision. I say this because I heard Continue Reading →

St Louis Real Estate – City of St Louis Vacant Property Bill Update

Dennis Norman

Update: March 23, 2010: In spite of the concern of many organizations including the St. Louis Association of REALTORS, the Mortgage Bankers Association and the Title Insurance folks, the Board of Alderman passed the vacant property ordinance on March 12th – Now that lenders and title companies are aware of potential title and lien issues with this bill I have no doubt investors, and even homeowners, are going to run into some roadblocks when trying to finance property in the City of St. Louis – 2/3 of the Alderman voted in favor of the bill:

The Continue Reading →

St Louis Real Estate – What happened to property rights?

Dennis Norman

This story is part of my ongoing series on how local laws negatively impact the property rights of property owners in the St. Louis area

Unfortunately I don’t have to try too hard to find examples of local laws that seriously impact the rights of property owners in the St. Louis area, particularly those property owners that are landlords or other investors.

My story today comes from a friend of mine, a St. Louis REALTOR(R) that buys homes for his rental portfolio. For the sake of the article, and to help him avoid Continue Reading →

St Louis Real Estate – Vacant Property Bill and It’s Affect on Property Rights

Dennis Norman

What do sex offenders and owners of vacant property have in common?

UPDATE: March 8, 2010 – I found out today the bill that was actually perfected last Friday was a floor substitute…Unfortunately the changes made to the bill were minor- they changed the public data base so that you have to enter a property address in order to look up the owners personal information (including phone number and email address) and they changed the wording to no longer make real estate agents and property managers responsible for property they don’t own. So basically, just a little Continue Reading →

St Louis Real Estate-Appellant Court Decision Huge Victory for Property Owners

Dennis Norman

Appeals Court Strikes Down Bellefontaine’s Ordinance Affecting Real Estate For Sale Signs

At the end of January the Missouri Court of Appeals-Eastern District handed down a decision on a case that I think is a significant victory for St. Louis property owners and strikes down part of an ordinance that violates our property rights as well as our First Amendment Rights to free speech.

The case involves Mark Scatizzi, a local REALTOR® who, after listing a home for sale at 1027 Addision, in the City of Bellefontaine Neighbors, advertised the property for sale and posted a Continue Reading →

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