TURF War

  • April 18, 2024

Cities are starting to ban turf for environmental and athlete safety issues. 92% of NFL players in the player association want the NFL to eliminate turf fields. Leonel Messi doesn’t play on turf. In 2022, Boston stopped new turf in parks. FIFA requires stadiums to play the field, install natural grass for games- hello US stadiums hosting the World Cup you’re going to have to install real grass. 

Sports Business Journal | FIFA requires stadiums to play the field, install natural grass for games

Route Fifty | Turf wars: States, cities grow skeptical of artificial grass

Taking of Wetlands

  • April 18, 2024

Legal teams for property rights groups are challenging a federal law called “Swampbuster” that requires farmers to leave unused any farm land that is deemed a wetland. The legal argument is that by not allowing farming of all owned farm lands, it is a taking.  CTM Holdings, LLC v. U.S. Department of Agriculture filed in the U.S. District Court for the Northern District of Iowa, Eastern Division, on April 16, 2024.

Liberty Justice Center | The Liberty Justice Center and Pacific Legal Foundation File Lawsuit to Defend Farmers Against Unconstitutional Takings Scheme

Wind turbines and property values

  • April 10, 2024

 A new study by global researchers analyzed 300 million home sales and noted that the impact of wind turbines on home values is about 1%,  if the turbine  is within 6 miles. The further away, the less the impact.

CNN | How much are wind turbines dragging down home values? A new study has surprising answers

Let’s talk pre-textual takings

  • April 10, 2024

Recently the 2nd Circuit ruled in Brinkmann v. Town of Southold that taking property with the power of eminent domain, even if the taking’s pretext is for a passive park, a public park with no amenities, it is permitted. It was argued that the true/actual/real reason the land was taken was to prevent a big box hardware store from being built.

Reason | Second Circuit Rules that a “Passive Park” Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners’ Plan to Build a Hardware Store

Landowner Bill of Rights in South Dakota

  • March 21, 2024

Governor Noem has signed a package of private property protection bills that include:

  • House Bill 1185 which amends provisions regarding entry on private property for examination and survey of a project requiring a siting permit. 
  • House Bill 1186 which defines the requirements for granting a carbon pipeline easement.
  • Senate Bill 201 which provides new statutory requirements for regulating linear transmission facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.
  • Senate Bill 177 which permits the appointment of a circuit court judge or Supreme Court justice as a member of the Public Utilities Commission in place of a disqualified or incapacitated commissioner.

AgWeek | Noem signs ‘Landowner Bill of Rights’ but some landowners still have concerns

Bye, bye, bye institutional investors in Texas

  • March 21, 2024

This week Texas Governor Greg Abbott tweeted that the 2025 Texas Legislature should address the impact of institutional investors in the residential housing market.

The Real Deal | Gov Abbott says he’s coming for institutional homebuyers

Dallas Morning News | Gov. Abbott takes aim at investors hounding single-family market

Baltimore’s blight solution

  • March 21, 2024

Baltimore is considering selling abandoned homes in their possession. The cost: $1. Purchasers have to commit to repairing and living in the homes. @bloombergbusiness

Mall Redevelopment into Community Pickle Ball

  • March 14, 2024

A town in Georgia converted an abandoned mall into the world’s largest indoor pickleball facility.  The two-level sports facility has 32 pickleball courts. @fastcompany

Trending: ISDs offering affordable housing to recruit teachers

  • March 14, 2024

Add Arkansas to the list of states where school districts are using affordable housing to recruit teachers. Bentonville School District is working to build housing near schools for teachers. Historically offering affordable housing for teachers was a practice in the 1950s and 1960s.

Route Fifty | School districts offer affordable teacher housing as recruitment tool

Property Investors Clogging Florida Courts

  • March 14, 2024

 Interesting impact of single family property investors in Florida: An analysis by  the Tampa Bay Times says that investment companies file for evictions at 2x or 3x the county’s overall eviction filing rate, which is mucking up the dockets. Similar findings in Georgia.

Governing | Florida Real-Estate Investors Clog Courts and Are Quick to Evict

Ordinance allowing for demolition of homes under 3000 square feet

  • March 7, 2024

Did you know that Dallas has an ordinance that permitted the demolition of homes under 3000 square feet that were within a Landmark District. Who was impacted by the ordinance? Historic Black neighborhoods along with brown neighborhoods and low income neighborhoods. Last week, Dallas City Council decided maybe that ordnance isn’t such a good thing. At least 30 homes had been demolished under the ordinance.

Governing | Dallas Reconsiders Rule That Hurts Historic Black Neighborhoods

Public Information & Land Use & Eminent Domain

  • March 7, 2024

Florida Legislature has passed HB 103 (2024 | FL) to exempt from public disclosure information about county and city attorneys, and court clerks and their deputies. The reason why? To protect them and their families from death threats and stalking. Supporters say contentious issues like land use and eminent domain have given rise to threats of violence.

The Florida Bar | LEGISLATURE ADOPTS PUBLIC RECORDS EXEMPTIONS FOR COUNTY AND CITY ATTORNEYS AND CLERK EMPLOYEES

On the ballot: Office conversion rules

  • February 29, 2024

San Francisco voters this March will consider a ballot proposition to make it more profitable to convert office spaces to housing by waiving transfer taxes.

Governing | San Francisco’s Office Conversion Ballot Measure May Backfire

Affordable housing for workers in cost prohibitive & tourist areas

  • February 29, 2024

We’ve talked about the variety of ways tourist locations in Colorado are creating affordable housing to support their workforce needs. Let’s refresh. Vail has its VAILINDEED that protects homes in the community from becoming vacation homes, & in Buena Vista they are building modular housing for area workers. In Bee Cave, Texas, where the median home price is $956,000, city council is seeking requests for proposals for affordable housing.

Governing | Resort Towns Need to Get Serious About Affordable Housing

KVUE | Bee Cave moves forward with proposal to create affordable workforce housing

New Eminent Domain Ban Ideas

  • February 22, 2024

Private Property Rights groups in Kansas are pushing regulatory reforms to prohibit eminent domain for solar arrays and  to prohibit the use of eminent domain to build  transmission lines. 

OK Energy Today | Solar farm fight goes before Kansas legislators

Call for Texas Eminent Domain Experiences

  • February 22, 2024

Dallas Morning News has a call out for personal or business experience with eminent domain.

Private Property, Wildlife, & Drones

  • February 22, 2024

Wildlife management now includes tracking wildlife by drone. Imagine tracking patterns of feral hogs in a way that is more cost efficient and effective. Wyoming Game and Fish Department is adding AI to the mix by using AI to comb through drone footage which they say increases the likelihood of accurate numbers of animals.

Route Fifty via WYOFILE | Herding elk: Drone use takes off in wildlife management

Does infill housing help affordability?

  • February 15, 2024

Charleston, SC is a case study in adding infill housing. That is sneaking in housing in bits of land here and there. It increases density & helps with walkability but does not help with housing affordability. though that argument is certainly popular among proponents of infill land use proposals.

Governing | Infill Housing Has Its Benefits but Won’t Always Drive Down Costs

Anatomy of a Housing Crisis Solution

  • February 15, 2024

New Mexico is trying to fix its housing crisis with HB 195 (2024 | NM) that sets up a $125M loan program for housing development. The revolving loan fund will be under the New Mexico Finance Authority for building, acquiring, and rehabilitating housing projects. The state needs at least 32,000 affordable housing units. 

News from the States | Legislature passes bill to allow $125M in loans to address ‘housing crisis’

Hawaii considering no foreign ownership of any land

  • February 8, 2024

Hawaii is considering legislation that would prohibit foreign ownership of any land in the state. During legislative testimony the following U.S. Constitutional arguments were made to oppose the legislation:  the bill unconstitutionally intrudes on the federal government’s exclusive control over foreign relations, and the bill may violate federal housing discrimination.

Hawaii News Now | Crowds gather to testify on bill that would ban foreigners from buying property in Hawaii

Unintended Consequences of Foreign Ownership Ban Bills

  • February 8, 2024

IN South Dakota a bill would prohibit land ownership by people or companies with ties to China, Cuba, Iran, North Korea, Russia and Venezuela. The Agricultural community is neutral on the legislation with concerns over unintended consequences. Words matter when drafting legislation.

KeloLand | 6 nations can’t own ag land in state with new bill

Building Code Trends. Bye Bye Appliance Related Code Bans

  • February 8, 2024

Building Codes may begin to be mended to include street segment, or neighborhood based, decarbonization code changes. We’ve seen the no gas, or no gas ranges, policies. Meet the new kid:  a utility organizes and manages the electrification of a group of building.

ESG DIVE | Neighborhood-scale building decarbonization: 2 approaches

Suburban office + Retail vacancies

  • February 1, 2024

We’ve talked  about downtown office vacancies. But, what’s happening in the ‘burbs?  let’s look at Arlington County, VA which has one of the highest office vacancy rates in the country at 21.5%. Arlington is employing the same development tools that downtowns across the country are using such as  easing permitting, and greater land use flexibility. Governing | The Challenges Suburbs Face in Refilling Office Space

Home Construction Industry Needs Workers

  • February 1, 2024

The Association of General Contractors of America says there is a shortage of skilled tradespeople such as electricians and plumbers. The national Associated Builders and Contractors say the industry has had a shortage of workers since before the pandemic. The problem isn’t new, the “U.S. construction industry lost nearly 30 percent of its workforce during the Great Recession of 2008.” States have addressed the issue with more workforce development and apprentice programs effectuated through legislation, executive orders, and grant programs.

Governing | To Build More Homes, the U.S. First Needs More Workers

Building Codes + Gas Bans

  • February 1, 2024

Chicago is on pace to be the 1st Midwestern city to ban gas in new buildings. The mayor noted it was an opportunity to build a new economy around the amended building codes.

Route Fifty | Chicago could be first major Midwestern city to ban gas in new construction

U.S. Supreme Court & local homeless policies

  • January 25, 2024

The U.S. Supreme Court is set to hear  Johnson v. Grants Pass, Oregon that asks whether cities remove homeless encampments without an alternative for the homeless. The case is on appeal from the 9th Circuit which has ruled in several cases that preventing homeless encampments can be cruel and unusual. 20 state Attorneys General, including Texas, have asked the U.S. Supreme Court to overturn the 9th circuit decision.

Route Fifty | Can cities clear homeless camps without offering an alternative?

no eminent domain for carbon capture pipelines

  • January 25, 2024

Illinois is pursuing legislation to prevent the use of eminent domain for carbon capture pipelines due to safety concerns.

mistateline.com | Illinois bill would prevent companies from using eminent domain for CO2 pipelines

expanding eminent domain use in Utah

  • January 19, 2024

Utah legislators are considering HB 235 (2024 | UT) that would give eminent domain authority to a popular recreational trail for its expansion.

Utah news Dispatch | Should the Wasatch Front’s premier multi-use trail have eminent domain rights?

foreign ownership bans near critical infrastructure

  • January 19, 2024

Florida has banned foreign land ownership near critical infrastructure. This includes military bases and airports.

Governing | The Biggest Issues to Watch in 2024

$1000 fines for stopping + instagramming

  • January 19, 2024

People who stop on pedestrian bridges, or the staircases, to take photos may be fined $1000 or face 6 months in jail.

AP | Think twice before stopping to take photo on a Las Vegas Strip pedestrian bridge, or risk jail time

affordable housing for teachers

  • January 12, 2024

The school district in Eagle County, Colorado is building affordable houses so their teachers can afford to buy homes. A report from the National Education Association supports housing assistance as a means of attracting teachers.

Route Fifty | Teachers can’t afford housing, so school districts are building homes

9th Circuit rejects building code gas bans

  • January 11, 2024

Seattle and Berkeley are rethinking their building code bans on natural gas after the 9th Circuit struck down Berkeley’s natural gas ban. There’s a pending rehearing before 11 judges of the 9th Circuit, but the initial ruing has given pause to other natural gas bans.

Route Fifty | A court struck down local gas bans—so Seattle and other cities are getting creative

formula for Salt Lake City’s thriving downtown

  • December 8, 2023

The ingredients that are allowing Salt Lake City’s thriving downtown? Cultural amenities, residential offerings, and tourism. What is Salt Lake not relying on? office workers. A study found that its working because Salt Lake City had the strongest downtown economic recovery in the US.

Governing | How Salt Lake Succeeded in Keeping Its Downtown Busy

fostering commercial property development

  • December 7, 2023

You know, YIMBY, yes in my backyard, policies that allow for more residential development flexibility? Well, some say this should also be applied to commercial development. The National Bureau of Economic Research policy paper, The Impact of Commercial Real Estate Regulations on U.S. Output, suggests flexible commercial development policies will bring more high paying jobs and more employers.

Governing | The YIMBY Movement Needs to Go Commercial

property owners & wildfire cost recoupment

  • December 7, 2023

Oregon property owners and electric utility PacifiCorp have agreed to a $299 million settlement concerning a catastrophic 2020 wildfire.

Governing | By the Numbers $299 Million

benefits of greenspace

  • December 1, 2023

University of Michigan School of Public Health found a link between more green space and less gun violence. “The range of the study showed that KIB greenspaces reduced the incidence of an assault with a gun by 6% at minimum — and in some cases — as much as 20%.” @goodgoodgoodco

Is a license required to negotiate a wind power lease?

  • December 1, 2023

Get your briefs ready, the Texas Attorney General is set to opine as to whether a real estate license is necessary to negotiate a lease for wind power. RQ-0523-KP

Revitalizing downtown property

  • December 1, 2023

 Cities are inviting small businesses into their urban centers. One approach is to create  policies to make it easier for pop-up businesses to operate in urban centers. Non-profits like SF New Deal work with the city’s Office of Workforce and Economic Development to help small businesses, artists, and community organizations set up pop-ups in coordination with a program, Vacant to Vibrant, that can make the pop-up arrangement cost free for the small business.

Route Fifty | A solution for dying downtowns is popping up in major cities

Texas. the former state park meets eminent domain

  • November 17, 2023

A vote by the Texas Parks and Wildlife Commission approved the use eminent domain to take the land of the former Fairfield Lake State Park with the intent of returning it to public use. The former Fairfield Lake State Park land is currently in the hands of a private developer. The eminent domain process began with a panel valuing the former state park at $418.3 million. A state appraisal report estimated that the land was worth $85 million. The most recent sales price of the property is allegedly $103.5 million. This valuation storyline is consistent in the Texas eminent domain process. We’ve talked about the eminent domain compensation saga of the Alamo’s nearby bar.  We’ve talked about how other states have legislated valuations. It’s complicated.

Fort Worth Star Telegram | Fairfield Lake park property valued at ‘staggering’ $418M. What will the state do now?

Ballot proposition: longer distances for homeless camps

  • November 17, 2023

Voters in Spokane, Washington approved a ballot initiative that requires homeless camps to be more than 1,000 feet from schools, parks, playgrounds and licensed child care facilities. The proposition passed with 75.4%.

Spokesman Review | Spokane voters criminalize homeless camps near places children gather

ballot prop: homelessness camps and distance requirements

  • November 17, 2023

Boulder, Colorado voters approved restrictions on homeless camps that require homeless camps to not be within 500 feet of schools nor within 50 feet of sidewalks and bike paths. 

Daily Camera | UPDATED: Boulder ballot items: Safe Zone 4 Kids leads in early results; tax extension, petition proposal on track to win

Downtown recovery drivers

  • November 10, 2023

Besides land use conversions so that office buildings become residences, what else helps downtown areas recover their vitality? Diversity. Land use diversification includes not only residential dwellers, but also a mix of education, health care, residential, hotel and retail establishments.

Route fifty |  What’s driving post-pandemic downtown recoveries?

Private Outdoor Designated Area

  • November 9, 2023

Drinking out in the open on downtown sidewalks, carrying your wine to go into shops… that’s happening in North Carolina with its social zones , in Virginia with their new Private Outdoor Designated Areas, and in Ohio with its Designated Outdoor Refreshment Areas. Legislatures in Kansas and Ohio want to jump on board too for more open public drinking to revamp downtowns.

Stateline | ‘I felt so naughty’: New open carry alcohol laws boost downtowns

Bill of Rights: Press. Media Literacy

  • November 9, 2023

New Jersey Governor this week signed a bill, S588 (2023 | NJ) that requires media literacy courses in K-12 to combat misinformation. New Jersey is the 1st state to require media literacy. Is it just me who was taught to question the veracity of what one reads in the press?

Governing | New Jersey Becomes First State to Require K-12 Media Literacy

home insurance crisis

  • November 3, 2023

Florida and California handle their home insurance markets differently. Florida leans toward limited regulation and California leans toward regulation. But, they are both in the same boat when it comes to a home insurance crisis. The common denominator: natural disasters. Florida has long subsidized home insurance via its Hurricane Catastrophe Fund, which has a $10 billion in losses. California maintains a Fair Access to Insurance Requirements for home owners denied coverage. It currently has 1000 applications a day.

Route Fifty | How California and Florida are trying to stave off the home insurance crisis

the key to affordable housing: state land trusts

  • November 3, 2023

State land trusts are unlocking affordable housing projects in western states like Colorado, New Mexico & Utah. In 11 western states, state land trust managers collectively oversee more than 40 million acres.

Route Fifty | Western states look to these lands for new affordable housing

eminent domain and the Texas Mexico border

  • November 3, 2023

Both the Texas House and Senate have approved funding for a border wall without the use of eminent domain. The Texas Facilities Commission which is overseeing the border wall construction says it has obtained land use rights for about 60 miles of wall and 50 more miles of easements are expected. The state has built 12 miles of wall at $30 million per mile. The federal government has built 180 miles. The international border is 1254 miles long. That leaves 934 miles at $30 million per mile = $28,020,000,000.

Texas Senate | SENATE APPROVES MORE BORDER WALL FUNDING

defensible space rules

  • October 26, 2023

California has defensible space rules to protect buildings from wildfires. This may soon include  a space of 5 feet from a building to vegetaion. These new proposed rules for high risk wildfire areas would be the first of its kind in the nation.

NPR | With wildfires growing, California writes new rules on where to plant shrubs

no eminent domain on the Texas border

  • October 26, 2023

The Texas House added this amendment to a “border security” bill, HB 6 (2023 | 88(3) Texas) that prohibits the use of eminent domain to acquire property on the border. The Texas international border is as long as it is complicated. Ranchers graze their herds in the Rio Grande, the Catholic Church owns land that crosses the border, so do wildlife non-profits, among others. The Catholic Church gives rise to first amendment issues- it’s complicated.

affordable housing applications

  • October 26, 2023

 Last week we talked about Missoula Montana’s affordable housing to be built on county donated land that has received 5 applications for each unit. Well, Georgia has even bigger numbers. 177,000 applications for 13,000 housing vouchers available under its Housing Choice Voucher program. 

AP | Georgia agency gets 177,000 applications for housing aid, but only has 13,000 spots on waiting list

just compensation in Texas

  • October 26, 2023

Remember how we talked about a bar near the Alamo that was being taken by eminent domain for Alamo purposes? Well, there’s been a settlement of $6.75 million. So let’s look how the numbers went. The owners last offer was $10 million. The city’s last pubic offer: $5.3 million. A “business valuation” of the property was $1.2 million.

San Antonio Report | Texas gave Moses Rose’s Hideout $6.75 million to settle eminent domain case

building code includes rooftop gardens

  • October 20, 2023

“A law approved by the French parliament last March mandates that rooftops on new buildings in commercial zones must be partially covered either by solar panels or plants.” @plasticquickly and @wastefreeplanet

anatomy of an affordable housing plan in today’s economy

  • October 20, 2023

Missoula, Montana donated land for an affordable housing project. The project is moving forward thanks to the land donation and existing tax credit program. There are 5 applications for each of the 200 units. “It’s all about partnerships,” said Sara Stout, with the Missoula Housing Authority.

Route Fifty | How one city added hundreds of new homes amid an affordable housing crunch

private property and drones

  • October 19, 2023

 Michigan Supreme Court is considering whether a warrant will be required for both criminal and civil violations before a drone can be flown over private property. The case stems from a township flying a drone over private property to investigate whether to issue civil citations.

Government Technology | Should Police Need a Warrant to Fly Over Private Property?

deregulating housing markets

  • October 13, 2023

Guess who wants to deregulate housing markets? @catoinstitute They suggest leaving housing and homelessness to local governments and for them to implement their Housing First approach.

CATO | Housing Markets First: Housing Supply and Affordability Are Key to Reducing Homelessness

economic solution to homlessness

  • October 13, 2023

Denver has a program that gave $1000/month to the unhoused. Turns out that the program increased employment rates and reduced homeless rates. It’s not just Denver, cities across the globe have implemented similar programs and found benefits to their communities and economies.

@workingfamilies

looser alcohol laws for downtown revivals

  • October 13, 2023

Meet the “social district.” What is a social district you ask… A social district is an area where you can walk around with your open alcoholic beverage. North Carolina is adding social districts to its downtowns as a means of reviving downtown areas. It all stems from House Bill 890 (2021 | NC).

Governing | Can Letting People Drink on the Street Revive Struggling Downtowns?

opposition to building code changes

  • October 5, 2023

Wisconsin Legislature killed a bill that supporters say would have updated building code to  save energy, improve safety and lower insurance costs. Opponents say the bill died because there was no determination of the fiscal impact to government and businesses.

Wisconsin Examiner | Legislature’s rules committee kills new building standards that advocates said would save money

zombie property laws unintended consequences

  • October 5, 2023

A zombie property law in Arizona led to a property group buying 80% of the condos in a development and then forcing the sale of the other 20%. It raises the question what happens when a law, that is no longer in effect,  is still attached to your property?

Reason | Can an Unconstitutional Law Force You To Sell Your Home to a Private Investor?

solar farms & home values

  • October 5, 2023

Did you know that home values are not negatively impacted by nearby solar farms? So says this study sponsored by Conservative Texans for Energy Innovation.

STUDY OF RESIDENTIAL MARKET TRENDS SURROUNDING SIX UTILITY-SCALE
SOLAR PROJECTS IN TEXAS

Solar Powered World | Study finds no negative impact for Texas home values near utility solar projects

meet the woman who reduced partying at short term rentals

  • September 28, 2023

Meet Naba Banerjee. Her work led to a 55% reduction in party complaints for AirBnB from August 2020 to August 2022. @cnbc

Add Ne Mexico to states adding EV requirements to building codes

  • September 28, 2023

New Mexico Regulation and Licensing Department is working on draft language to require either EV charger capabilities at all new buildings or requiring installed EV chargers. It is estimated that by 2035, 80% of new vehicle purchases in New Mexico will be electric. NM Building Code rules updates will be here.

Governing | New Mexico May Require EV Chargers in New Construction

land use: shade deserts

  • September 21, 2023

We’ve talked about Chief Heat Officers in cities like Miami, Phoenix, and Austin. Did you know that within a city temperatures can vary by 20 degrees. A lush and leafy area can be 20 degrees cooler than bare and concrete areas. As a result,  cities are working to increase tree canopies to combat heat.

Route fifty | More cities address ‘shade deserts’ as extreme heat triggers health issues

inflation legislation: capping security deposits

  • September 21, 2023

California is addressing the inflationary impact of security deposits.  AB 12 (2023 | CA) will limit security deposits to one month’s rent. If signed by the Governor, California will be the 12th state to pass a cap on security deposits. For the curious, AB 12 exempts small landlords with 2 properties and less than 4 units.

Daily Independent | Bill to ban expensive security deposits passes legislature, heads to Newsom’s desk

Private Property. Security Cameras + Privacy + STRs

  • September 21, 2023

Does your state allow cameras to secretly record inside short term rentals? Deep down in the South, Georgia has a law that prevents recording people on private property without their knowledge, except to for security purposes. That makes short term rental security cameras complicated. A poll says that 6 in 10 are worried about being recorded in their short term rentals. 

So what’s the fix? Turns out that some short term rental company contracts require disclosure of cameras or prevent recording short term rental guests.

Alive11 | Hidden camera concerns | Only 2% of unlawful surveillance reports in Georgia this year have resulted in conviction

new report: identified office buildings for residential conversion

  • September 15, 2023

“Converting Brown Offices to Green Apartments,” is a working paper from the National Bureau of Economic Research, researchers at New York University and Columbia University that identified thousands of properties nationwide as physically suitable to be converted into apartments. It identifies 50+ buildings in Dallas – Fort Worth for conversion to residential properties. The report also lists local regulatory needs to make it happen, including: local zoning regulations amendments, building code adjustments, local property tax abatements and debt subsidies.

Dallas Morning News via Governing | Researchers Propose 50 Dallas Area Office Buildings for Apartments

new property disclosure: floods

  • September 15, 2023

4 states are requiring home sellers & landlords to disclose whether a property has flooded. New York, New Jersey, South Carolina and North Carolina are requiring flood disclosures.  The Natural Resources Defense Council stresses that Louisiana and Texas have very strong disclosure laws concerning flood risk. And, tenants in Indiana, Georgia, Texas, New Jersey, Oklahoma, California and Oregon are required to receive information concerning flooding risk disclosures.

NPR | Residents of four states will get more information about flood risk to their homes

research on homeless stipends

  • September 14, 2023

 A study of the homeless in Canada who received stipends found that the unhoused spent the stipends on housing and transportation.  There was NO increase in spending on “temptation goods.” As an added bonus, governmental entities spent less on shelter costs for the homeless. @washingtonpost

hoa legislation in north carolina

  • August 24, 2023

Let’s thank reddit for legislative game plans to reign in home owner associations (HOAs). A reddit thread discusses how to change the law so that HOAs cannot prevent a landowner from adopting an environmentally friendly landscaping style. Other legislative propositions included limiting HOA reach to only the lands owned by the HOA. Hummm… so a land owner would control the autonomy of their own land?????

Yahoo News | Homeowners rally together to change law that lets HOAs rule neighborhoods with an iron fist: ‘That’s a bigger fight’

anatomy of a state park investment in Texas

  • August 24, 2023

How did Environment Texas successfully pass legislation to add $1 billion to state parks? (1) Data. Texas is 35th in per capita state park acreage. That’s less than Florida. (2) personalized the data with anecdotes from Texans (3) bipartisan support (4) Harris County delegation support (5) bringing legislative experts into the team (6) press and (7) public engagement.

Environment Texas | How we got the Texas Legislature to invest $1 billion in state parks

“home insurance crisis” in California

  • August 24, 2023

Citing wildfires, construction costs, and other matters, some say home insurance carriers are leaving the California market. Most recently, AmGUARD Insurance, a subsidiary of Berkshire Hathaway GUARD Insurance Companies and Falls Lake have ceased offering home insurance policies in California.

The San Francisco Standard | Over 50,000 To Lose Homeowners Insurance as Two More Insurers Exit California

Times of San Diego | Opinion: California Legislature Avoiding Growing Home Fire Insurance Crisis

Boston’s incentives to convert office buildings into residences

  • August 18, 2023

Boston is offering incentives to convert office buildings into residences. The incentives include waiving up to 75% of property taxes for up to 29 years. Philadelphia has had property tax incentives for converting buildings into residences for decades and the incentives are credited for revitalizing parts of City Center.

Governing | Cities Explore Ways to Promote Office-to-Housing Conversions

faith based housing solutions

  • August 18, 2023

The Church of Jesus Christ of Latter-day Saints is the 5th largest landowner in the U.S. the Catholic Diocese owns land in almost every county in the country. This sparked a law in Minnesota that preempts local zoning laws and allows faith-based organizations to build shelters for homeless individuals on their property. Atlanta did the same with its Faith-based Development Initiative where 10% of new affordable housing was built by faith based organizations.

Route Fifty | Governments have faith that church property can help solve the housing crisis

Lousiana’s master coast plan

  • August 18, 2023

 Louisiana is working to rebuild its coast line with  its $50 billion Master Coast Plan. This plan includes a “$2.92 billion project to divert sediment from the Mississippi River into the basin, mimicking the natural processes of the river’s flow in an attempt to save the state’s disappearing coast.” The plan includes working with fisheries,  oyster farmers, and shrimpers to not impact their businesses.

Route Fifty | Louisiana breaks ground on experimental project to rebuild lost wetlands

carbon & building codes

  • August 11, 2023

Last week California  Building Standards Commission officially adopted amendments to the “California Green Building Standards Code (CALGreen), Part 11, Title 24, that will limit embodied carbon emissions in the “construction, remodel, or adaptive reuse of commercial buildings larger than 100,000 square feet and school projects over 50,000 square feet.”

Architectural Record | California Adopts First-in-Nation Building Code Revision to Reduce Embodied Carbon

eminent domain for pharmaceuticals

  • August 11, 2023

How could pharmaceuticals be more affordable with eminent domain? The government would use eminent domain to obtain the patent, that was developed in part with public funds, and then set a reasonable price for the pharmaceutical. It’s called march in rights.

The American Prospect | Eminent Domain for Overpriced Drugs

farming: banning plant based “meats”

  • August 10, 2023

Italy has a proposal before the E.U. to prohibit “using food or feed derived from cell cultures or tissues of vertebrate animals. If enacted, this would bar food and feed business operators from producing, selling, importing, or distributing cell-based products for consumption.” Italy also wants to restrict the labeling of products containing exclusively vegetable proteins.

Food Safety Africa | Italy introduces draft legislation to ban cell-based meat, restrict plant-based proteins labeling in EU

CBC | The future of lab-grown meat here in Alberta as Italy weighs whether to keep it off peoples’ plates

converting public parks to private land

  • August 3, 2023

The Mayor of the City of Eagle Pass converted a public park to private land. They say the park is part of the Texas Governor’s border security initiative. Shortly after converting the public park to private land, the City of Eagle Pass city council returned the park to a public park.

The Messenger | Texas Community Fights Back After Mayor Declares Public Park His Private Property, Criminalizes Unauthorized Access

legislation to protect farm land

  • August 3, 2023

The federal Farmland for Farmers Act, a bipartisan measure, would prevent corporations, pensions, and investment funds from buying or easing farmland. U.S. Senator Cory Booker, an author of the legislation, said, “We must protect farmland from becoming an investment strategy for huge corporations.”

Reuters | Lawmakers seek to limit corporate and foreign ownership of US farmland

Miami’s voluntary building efficiency program

  • August 3, 2023

Miami has a voluntary Building Efficiency 305 program. This program uses data so that buildings can “cut waste and identify performance improvements that will keep utility costs and temperatures down.”

Route Fifty | How local leaders are getting one hot county to cool down

sustainable building program

  • August 3, 2023

Miami has a sustainable building program to address extreme heat. In Miami 40% of greenhouse gas emissions come from buildings. The sustainable building program requires “a silver certification from the Envision rating system or the Leadership in Energy and Environmental Design, or LEED.”

Route Fifty | How local leaders are getting one hot county to cool down

housing authority innovation challenge

  • July 28, 2023

The New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority, and New York City’s Housing Authority put out a call for innovation to develop induction stoves that use existing 120-volt outlets. Why induction stoves? less likely to create fire hazards as induction cooktops are cool to the touch. Not only is this a benefit for the safety on housing authorities but it also creates a new market for manufacturers.

NYSERDA | Induction Stove Challenge Expected to Launch this Fall

state & local government affordable housing listings

  • July 27, 2023

 Rhode Island joins Detroit and other local and state governmental entities that are starting web based housing listings for affordable housing. Rhode Island’s goal is to ensure that barriers to housing do not include  “Finding basic information on available units throughout our state and how to apply shouldn’t be one of them.”  

Route Fifty | Watch out Zillow: States launch affordable-housing search sites

SD legislators calling for eminent domain special session

  • July 21, 2023

Legislators in South Dakota are calling for a special session to prohibit the use of eminent domain “to strip property rights from landowners for the benefit of an out-of-state private company with foreign investors.” The pro-private property rights legislators are joined by environmentalists who are concerned by safety and the potential environmental impact of the carbon pipeline that could traverse South Dakota.

News Center 1 South Dakota | South Dakota Lawmakers Launch Petition Drive to Protect Property Rights Against Carbon Pipeline

deed restrictions: patriotism

  • July 21, 2023

A neighborhood in North Carolina named 1776 requires homeowners to display the U.S. flag 365/24/7. No other flags are permitted, including the state flag. Welcome to the world where neighborhoods are political statements.

WFAE | New housing development in Gastonia requires ‘patriots’ to fly American flag

building codes. $90 M grant program

  • July 20, 2023

The Department of Energy has launched a $90 million grant program to help states and local governments update their building codes. Residential and commercial buildings make up 40% of the U.S. energy consumption. 35% of communities have modern building codes according to FEMA. The communities that do not have  modern building codes,  lost $32 billion in climate-related losses. The National Energy Codes Collaborative is a grant recipient and a peer-to-peer network for state and local leaders as they implement building energy codes. The Collaborative counts Colorado, New Jersey, Michigan and Louisiana as members.

Router Fifty | $90M awarded to update building energy codes

city creates public bank for affordable housing

  • July 14, 2023

Los Angeles is creating a public bank to fund affordable housing. Supporters say the public bank will be more willing to fund affordable housing and “better than private banks to serve Black and Latino communities, small businesses, green energy initiatives.” Los Angeles has the power to do this because of 2020’s AB 857.

Los Angeles Times via Governing | Los Angeles Moves Forward on Creation of a Public Bank

meet Florida’s sprawl bill

  • July 14, 2023

Florida’s SB 540 (2023 | FL) signed by Gov. De Santis is being called a way to  “level the playing field” for developers going up against local governments with large tax bases who might stretch out the time of the lawsuit and rack up expensive attorney fees, according to the bill’s author. For the bill’s opponents, it is seen as means of preventing smart growth plans.

Governing | New Florida Law Could Impact Housing, Conservation, Evacuation

building performance standards

  • July 14, 2023

 5 states have adopted building performance standards to address building energy efficiency. Oregon, Colorado, Maryland, Washington and the District of Columbia have all adopted building performance standards. California, Rhode Island, Minnesota and New York, are considering similar legislation. In Washington D.C. buildings are an estimated to be  75% of the city’s greenhouse gas emissions.

Route Fifty | It’s time for buildings to stop using a third of US energy, some states say

Dallas short term rental ban in residential neighborhoods

  • June 15, 2023

Dallas City Council has passed a short term rental ban for all single family residential neighborhoods. Short term rentals can operate in areas with multi family housing and commercial areas if they register and pay taxes like hotels do.

Fox 4 | Dallas City Council bans short-term rentals from single-family areas

The Supremes: Tax Lien Sales

  • June 15, 2023

The Roberts led Supreme Court nixed a Minnesota tax lien sale where a local government sold a nice old lady’s home for $40,000 to satisfy a $15,000 tax lien and then the local government pocketed the remaining $25,000. The craziest part of this crazy story- the opinion was unanimous. I didn’t think the Justices could agree on lunch.  Tyler v. Hennepin County

landowner compensation program

  • June 15, 2023

Texas created the Land Owner Compensation Program, SB 1133 (2023 | TX) , to compensate border agricultural land owners for damage to their property caused by trespasser committing border crimes.

The Big Bend Sentinel | Bill to reimburse landowners for damage caused by ‘border crimes’ signed into law 

eminent domain + Fairfield Park

  • June 15, 2023

Texas is seeking to use eminent domain to acquire a state park. Well, it was a state park for decades. The state leased the land from the property owner for a nominal fee. The lease terminated. Developers want to build. There were negotiations. Negotiations weren’t fruitful, and the state wants to keep its park. Here we are- public park space v. the building of a gated community and a golf course.

@dallasnews

right of first refusal veto

  • June 9, 2023

 Colorado Governor vetoed House Bill 23-1190 that would have given municipalities the right of first refusal to purchase multifamily homes and convert them into affordable housing. The Veto statement said local governments can already make an offer in the open market and this should not be mandatory.

Colorado Newsline | Right of first refusal housing bill falls to veto from Colorado Gov. Polis

Colorado renewable building codes

  • June 9, 2023

Colorado Legislature passed HB1362 (2022 |CO). Local rules implementing the bill  will start being adopted after July 1st. The bill seeks to require more efficient appliances and prewiring for solar panels and electric vehicle charging in new buildings. Developers say the new building codes will increase costs. Let’s watch this unfold.

Colorado Sun | New Colorado energy rules will require solar and electrical hookups in all new buildings 

construction limitations due to water access

  • June 9, 2023

Arizona is limiting construction near Phoenix as water supplies dwindle. State officials considered groundwater reserves for the next 100 years when reaching their decision. Some say that this will mean that cities and developers must look for alternative sources of water to support future development, including purchasing water from local indigenous tribes.

New York Times | Arizona Limits Construction Around Phoenix as Its Water Supply Dwindles

short term rental tax proposal

  • June 2, 2023

SB584 (2023 | CA) would impose a 15% tax on short term rentals to fund affordable housing.

ABC 7 | California lawmakers consider short-term rental tax to fund affordable housing

digital property rights v. divorce

  • June 2, 2023

An emerging property rights issue: how are digital assets distributed during divorce and what property rights attach to the digital assets?

property rights in digital assets

  • June 2, 2023

Sandbox co-founder Sebastien Borget says digital assets should be treated as other property rights. He says this especially true as the world grows more digitally.

Coin Telegraph | Digital assets should be valued as ‘proper property’ — Sandbox co-founder

litigation: lawsuit against bans on foreign ownership of property

  • May 26, 2023

A real estate brokerage and Chinese citizens have sued Florida over the prohibition from real property ownership. The bill would require Chinese citizens, who currently own property in the state, to register those properties with the state. A violation is punishable by fines, criminal charges and imprisonment. 13 states have similar laws on the books. The policy isn’t uncommon worldwide. We all await the courts rulings.

Chinese Citizens Sue Florida Over ‘Xenophobic’ Property Law