"Residential Real Estate"

A new ruling out of the Fifth Circuit is likely to have significant impacts on the ways that municipalities may regulate short term rental properties (“STR’s”). In Hignell-Stark v. City of New Orleans, 46 F.4th 317 (5th Cir. 2022), the court reviewed a New Orleans ordinance which limited the right to use a residence as an STR to only people whose primary residence was in New Orleans.

In its holding, the court made two noteworthy determinations. First, it ruled that the City of New Orleans’s regulation of STR’s was not a “Taking”, and therefore New Orleans was not required to provide compensation to people who alleged their property value was decreased by the ordinance. Second, the court determined that the ordinance violated the Commerce Clause because it discriminated against people who were not residents of the state of Louisiana.
Continue Reading A New Federal Ruling Outlines Limits to Short Term Rental Regulation

This post was authored by Alexandra Haggarty.  Alex is a summer clerk at Otten Johnson, and a rising 3L at the University of Colorado Law School.

This post is an update on three earlier posts about a citizen initiative to limit residential growth in Lakewood, Colorado.

With a near 53 percent majority, voters in the City of Lakewood approved Ballot Question 200, capping growth of residential unit construction by one percent annually and requiring city council approval of projects with forty or more units.  The city joins Boulder and neighboring Golden in responding to Colorado’s population growth by capping development.

Proponents of the initiative argue that it will preserve Lakewood’s culture and environment.  Specifically, the initiative was pitched as a way to preserve open space, protect single-family development, ensure that infrastructure and services are not overburdened, and curb alleged problems of unmanaged growth, such as crime and urban decay.
Continue Reading Lakewood Voters Pass Strategic Growth Initiative

Late last month, we told you about an important bill introduced in the Colorado General Assembly.  The bill had passed in the Colorado House of Representatives, and was headed for the Senate.  It was drafted to address the sharp decrease in condominium construction in this state, caused by developers’ fear of construction defect claims brought

A Bill allowing for limited residential collection of rain water cleared its final hurdle on Friday, April 1, 2016, when it was approved by a majority of the State Senate. HB16-1005, commonly referred to as the “Rain Barrel Bill”, stalled several times in the State House before eventually making its way through the Senate. Governor Hickenlooper will now sign the Rain Barrel Bill into law and it will take effect August 10, 2016.
Continue Reading Colorado Rain Barrel Bill Clears Final Hurdle