Once again, the town has to bow down to the owners of STRs. We voted no STRs in this valley. What happened? The town gets sued. Now the town is backing off the rental fines.
They should then change the zoning. Or do whatever it takes.
Why is it so many places in europe can restrict what is done with homes and it keeps their towns bucolic, clean, and beautiful.
Only in America can greedy people steal low cost properties out from under the locals and use in destructive ways so towns dont prosper but become discusting.
In the Conways especially it seems like we are helpless and cannot govern our towns as we the people see fit. We have no say with what outsiders want to do. Its like a free for all.
Absolutely discusting, and such a shame that our grandchildren and great grandchildren wont know that home town feeling or the beauty that once was.
My family has lived in this area for 80 years (I do not, but own a vacation home.) This has ALWAYS been a tourist-destination area. Tourism has been the backbone of the economy.
I supposed if you live here full-time, you might decide that tourists are no longer welcome and that locals can decide to make tourists feel unpopular, unneeded, unnecessary, or unwelcomed. I think that would be the end of this area economically. We would be more like some towns up north which are struggling because of the closing of their industrial base. Our "base" is tourism.
Locals get to make almost all the decisions. Tourists do not get a vote. So when the Town has a Town Meeting or an election, only those who reside here get a say. This is unfair to property owners who have no voice, but that is the way it is.
But when it comes to property rights, the Town has to obey the US Constitution. "Majority rules" cannot take away fundamental rights. So if the seller of a home wants to prevent people from (say) renting it out, and they put some sort of deed restriction in, then they would face the economic consequences of that decision. Otherwise, it would be totally unfair and wrong to make someone who buys a property have to have illegal restrictions on their property with no notice and no compensation.
Europe has lots of tourism, but countries there are not ruled under the US Constitution. For example, in Great Britain, people can sue other people for harmful speech. They have no First Amendment. If you would prefer that system of government, I'd suggest you move there.
The Town can't vote to ban STRs, not legally at least. It would be like voting to ban parents from having children, or to ban sexual activity before marriage, or to ban people from owning pets.
When someone buys a house, it comes with certain rights. With a house comes some land which you own, and you have the right to repair your house if something breaks. You have a right to place a political sign on your property. Would the Town like to have a law banning any of these rights? It would also be unconstitutional.
One of the rights a homeowner has is to use the land in permissible ways. It is not OK to open up a retail store and invite customers if that is against the local zoning. It is OK to invite friends to stay in your house. It is OK to rent out rooms in your house. You can leave the house and rent it to tenants. These are all long-established property rights.
The NH courts have recently ruled that short-term rentals are in fact a permissible, residential use. They do not violate zoning laws. Therefore this right is not subject to a vote of Town Meeting or at the ballot box.
If the town were to enact such a ban, it would have to pay each homeowner money to compensate them for their loss of rights. Otherwise it would violate the unreasonable seizure of private property that is also protected by the Constitution. If you are concerned about the town's legal bills, you might urge your representatives to stop harassing homeowners and focus on other ways to expand housing in the Valley.
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They should then change the zoning. Or do whatever it takes.
Why is it so many places in europe can restrict what is done with homes and it keeps their towns bucolic, clean, and beautiful.
Only in America can greedy people steal low cost properties out from under the locals and use in destructive ways so towns dont prosper but become discusting.
In the Conways especially it seems like we are helpless and cannot govern our towns as we the people see fit. We have no say with what outsiders want to do. Its like a free for all.
Absolutely discusting, and such a shame that our grandchildren and great grandchildren wont know that home town feeling or the beauty that once was.
Hi John,
My family has lived in this area for 80 years (I do not, but own a vacation home.) This has ALWAYS been a tourist-destination area. Tourism has been the backbone of the economy.
I supposed if you live here full-time, you might decide that tourists are no longer welcome and that locals can decide to make tourists feel unpopular, unneeded, unnecessary, or unwelcomed. I think that would be the end of this area economically. We would be more like some towns up north which are struggling because of the closing of their industrial base. Our "base" is tourism.
Locals get to make almost all the decisions. Tourists do not get a vote. So when the Town has a Town Meeting or an election, only those who reside here get a say. This is unfair to property owners who have no voice, but that is the way it is.
But when it comes to property rights, the Town has to obey the US Constitution. "Majority rules" cannot take away fundamental rights. So if the seller of a home wants to prevent people from (say) renting it out, and they put some sort of deed restriction in, then they would face the economic consequences of that decision. Otherwise, it would be totally unfair and wrong to make someone who buys a property have to have illegal restrictions on their property with no notice and no compensation.
Europe has lots of tourism, but countries there are not ruled under the US Constitution. For example, in Great Britain, people can sue other people for harmful speech. They have no First Amendment. If you would prefer that system of government, I'd suggest you move there.
Hi Steve,
The Town can't vote to ban STRs, not legally at least. It would be like voting to ban parents from having children, or to ban sexual activity before marriage, or to ban people from owning pets.
When someone buys a house, it comes with certain rights. With a house comes some land which you own, and you have the right to repair your house if something breaks. You have a right to place a political sign on your property. Would the Town like to have a law banning any of these rights? It would also be unconstitutional.
One of the rights a homeowner has is to use the land in permissible ways. It is not OK to open up a retail store and invite customers if that is against the local zoning. It is OK to invite friends to stay in your house. It is OK to rent out rooms in your house. You can leave the house and rent it to tenants. These are all long-established property rights.
The NH courts have recently ruled that short-term rentals are in fact a permissible, residential use. They do not violate zoning laws. Therefore this right is not subject to a vote of Town Meeting or at the ballot box.
If the town were to enact such a ban, it would have to pay each homeowner money to compensate them for their loss of rights. Otherwise it would violate the unreasonable seizure of private property that is also protected by the Constitution. If you are concerned about the town's legal bills, you might urge your representatives to stop harassing homeowners and focus on other ways to expand housing in the Valley.
Welcome to the discussion.
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Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
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Share with Us. We'd love to hear eyewitness accounts, the history behind an article.