How has the median home price changed in the last 5 years?

  • November 15, 2024

In the last 5 years the median home price in the US increased by 50%.

NPR | He sold his house. Now, he is struggling to find a home he can afford

On the ballot: land use

  • November 15, 2024

Voters in Denver rejected a measure that would ban meatpacking facilities in the city. 64% of the voters rejected the land use prohibition.

Governing | Denver Voters Reject Ban on Meatpacking Plants in City Limits

TX A.G. Opinion: asset forfeiture funds

  • November 14, 2024

A new request for opinion from the Texas Attorney General asks what entity/entities have authority over the Asset Forfeiture Account of a District Attorney?

The opinion is from the Cooke County D.A. who wants to know whether the County Auditor of County Commissioners Court have authority to withdraw the funds.

RQ-0572-KP

Tougher AirBnB regulations mean more tax revenue

  • November 7, 2024

There’s a new report from Granicus that says stronger regulations on short term rentals can mean increased tax revenue for local and state governments. More short term rental use means more tourism dollars. “A report released earlier this year from Florida Taxwatch estimated that unlicensed vacation rentals could lead the state to losing out on $1.8 million to $6.9 million in annual registration fees.”

Route Fifty | How tougher regulations on short-term rentals can boost revenue for state, local govs

On the ballot: Property rights win

  • November 7, 2024

Voters in South Dakota backed property rights with 60% of the vote. The vote rejected the state’s Land Owner Bill of Rights which also allowed for a revenue stream for counties that could enact  a $1-per-foot surcharge of pipeline projects.

AgWeb | A Win for Private Property Rights, Voters Reject Carbon Pipeline Measure in South Dakota

Brownfield AgNews | LAND OWNER BILL OF RIGHTS REJECTED IN SOUTH DAKOTA

On the ballot

  • October 31, 2024

“Arizona voters will decide on Proposition 312, a ballot measure that would allow property owners to claim a tax refund for costs they’ve incurred to address people illegally camping, using drugs, or defecating in public.”

Route Fifty | The next front in the war over homelessness is on the Arizona ballot

Eminent Domain and green Energy

  • October 31, 2024

Wyoming Legislature nixed prohibiting eminent domain for green energy projects. Two bills were filed to prohibit eminent domain for green energy specifically. Opposition focused on how enhanced oil recovery projects could have been pulled into the prohibition.

Cowboy State daily | Legislature Won’t Restrict Utilities Condemning Land For Green Energy Projects

On the ballot eminent domain

  • October 31, 2024

On the ballot this Nov. 5, South Dakota votes will decide whether to uphold Senate Bill 201, which allows counties to impose a tax on carbon pipelines of $1 per foot. The law also imposes requirements for pipeline setbacks, minimum depth, rules for handling drain tiles, potential leaks and indemnities to landowners.

Moody County Enterprise | C02 pipeline dealt another setback with Supreme Court decision

Drone use

  • October 24, 2024

  “Fairfax County, the most populous county in Virginia and the most populous jurisdiction in the Washington, D.C., region, received a rare letter late last month from the U.S. House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party. Chinese-made drones, the letter warned, are “a threat to the national and economic security of the United States.” The letter is directed at drones made by a company that makes 70% of drones. 

Route Fifty | Letter from Congress warns county against Chinese drone use

Building Codes cost state disaster funds

  • October 24, 2024

 Building codes in North Carolina may cost the state up to  $70 million in FEMA funds. FEMA’s Building Resilient Infrastructure and Communities (BRIC) grant program uses a point system to assess potential projects. North Carolina automatically loses 5 points because it uses the 2015 International Building Code standards which the Legislature has not updated.

NC Newsline | Building codes led North Carolina to lose out on $70M in disaster prep funds, state says

Urban tree planting

  • October 24, 2024

The US Forest Service budget for tree planting increased by a factor of 40. The budget is now $1.5 billion. Tree planting has been shown to lower heat in urban areas and prevent a significant number of heat related deaths. Look no further than to the large tree canopies of live oaks for urban cooling. 

Route Fifty | The secret ingredient in Biden’s climate law? City trees.

Mineral Rights

  • October 17, 2024

Alaska is exploring hydrogen stored in Alaska’s metamorphic rock could fuel the state’s energy industry. Alaska is exploring energy options. The state’s fishing industry has lost $1.8 billion in 2022-203 due to changing environment.

Governing | Is Underground Hydrogen the Key to Alaska’s Clean Energy Future?

Renters + disaster recovery

  • October 17, 2024

A 2023 Brookings Institution Report shows that rents in areas increase 4-6% after a disaster. The rents continue to remain elevated for years after the disaster. After hurricanes Ian and Nicole in 2022, insurance rates for renters in Florida were 4 times the national average.

Route Fifty | How renters often get left behind in disaster recovery

Private property. Political signs.

  • October 17, 2024

Theft or vandalism of a legally placed political sign on private property is a crime in all 50 states. Findlaw

On the ballot: rent control

  • October 10, 2024

California voters will cast a ballot on Prop 33. Prop 33 would repeal of the state’s restrictions on local rent control. The pros/cons: “While rent control — caps on rent increases — provides relief to tenants, some economists suggest there are significant trade-offs: Rent control policies can lead to higher rents for uncontrolled units, reduce landlords’ incentive to maintain units, and dampen the creation of new rental housing — exacerbating affordable housing shortages.”

Governing | California’s Rent Control Ballot Measure Could Reverberate Across the U.S.

Parking garages to solve housing?

  • October 10, 2024

A proposal to convert unused or underused parking garages and lots into housing units says it can help solve the housing crisis. Los Angeles transformed an underused parking lot it owns into apartments for low-income or homeless seniors.

Route Fifty | Can parking garages alleviate the housing and homelessness crisis?

Pre-condemenation Access court case to watch

  • October 10, 2024

A court case before the Iowa Supreme Court is one to watch concerning pre condemnation access to land. The issue is whether “it is unconstitutional for a pipeline company to undertake land surveys and examinations before it is vested with eminent domain.” What would today’s U.S. Supreme Court do with this?

KCCI | Iowa Supreme Court hears landowner case against Summit pipeline surveys

Montana. Affordable Housing. The election.

  • October 3, 2024

 This week we followed a series of articles about how Montana’s much hyped affordable housing legislation of year(s) past isn’t as amazing as they say.  That reality is running full steam ahead into the election. You know the one, U.S. Senator Tester (D). Tester is making the case for the reality of housing in his state. He says “Montanans are tired of ultra-wealthy out-of-staters buying up multiple properties and jacking up housing prices across our state. They want solutions that will get the outrageous cost of housing under control – so I’m doing something about it. “ 

Missoula Current | TESTER: TAKING MONTANA IDEAS TO SENATE TO LOWER HOUSING COSTS

CNBC | Montana’s hot housing market heats up critical Senate race

Route Fifty | Democrats cast doubt on whether the ‘Montana Miracle’ is making housing affordable

Building Standards and Hurricane Helene

  • October 3, 2024

 Some say that the actions of NC legislature made housing more affordable but also made homes more vulnerable to damage. It is said that legislators in the last 15 years rejected limits on “construction on steep slopes; blocked a rule requiring homes to be elevated above the height of an expected flood; weakened protections for wetlands, increasing the risk of dangerous storm water runoff; and slowed the adoption of updated building codes, making it harder for the state to qualify for federal climate-resilience grants.” 

NYTimes | How the North Carolina Legislature Left Homes Vulnerable to Helene

AI, data privacy, & intellectual property

  • September 26, 2024

 Weird that we’re talking about AI here in our property rights/constitutional rights information, but here we go.  OpenAI asks its users to comply with copyrights and intellectual property laws. oh…okay… sure, like that’s happening. Those in the know suggest that you host your data on a private server to prevent genAI from scraping your intellectual property.

Nature | Intellectual property and data privacy: the hidden risks of AI

HOA covenants and Short Term Rentals

  • September 26, 2024

Can an HOA amend its covenants to restrict short term rentals? A court in North Carolina said no if the original covenants had no restraints on alienation, even if the HOA followed all the rules to amend their covenants. McDougald v. White Oak Plantation Homeowners Ass’n, 904 S.E.2d 180 (N.C. Ct. App. 2024). 

Harvard Law School | Bussey Professor of Law | Joseph William Singer | HOA cannot prohibit short-term leasing if original covenants contained no restraints on alienation


Home addresses are they public?

  • September 26, 2024

 Courts in New Jersey are considering whether a police chief’s home address can be published by a journalist. The N.J. intermediate appellate court said nope, there is no 1st amendment protection in official’s home addresses.

Reason | N.J. S. Ct. Will Decide Whether Journalist May Publish Police Chief’s Home Address

Is police damage to a home a taking?

  • September 19, 2024

The 6th Circuit has ruled that police damage to a residence is not compensable damage under the Takings Clause. Slaybaugh v. Rutherford Cnty., 2024 WL 4020769 (6th Cir. 2024).

Property: Wildfire Detection AI

  • September 19, 2024

Google is investing $13M in satellites that will work with AI to detect wildfires. The Google satellite program, FireSata will be a constellation of more than 50 satellites.

Heat Pumps + Building Codes

  • September 12, 2024

This week the California Energy Commission adopted new building codes that seek to require heat pumps in all new residences beginning in 2026. Agency staff estimates that the heat pump requirement will save almost $5 billion in energy costs and cut 4 million metric tons of carbon emissions over three years.

Sacramento Bee | California pushes heat pumps for all new homes starting 2026 with new building code

Is aerial mapping constitutionally protected?

  • September 12, 2024

A drone operator is asking the US Supreme Court to consider its position that the U.S. Constitution protects drone operators that are conducting aerial mapping. The drone operator also argues that it should not need a surveying license from North Carolina to operate.

Building Code Trend: birds

  • September 12, 2024

Bird-building collisions cause the death of more than 1 billion birds a year.  Regulatory possibilities to clear sidewalks of bird carcasses include building codes with bird friendly provisions; state laws like Illinois which in 2021 passed a law requiring all  new state-owned buildings to incorporate netting, screens, shutters and other bird-friendly features;  leaving it to the Feds to create a permitting process under the Migratory Bird Treaty Act within the Department of U.S. Fish and Wildlife; let the locals handle it like in 2013  when Oakland became the 3rd city to adopt a bird ordinance which requires the application of bird-friendly glazing to at least 90% of windows and glass between the ground and 60 feet above ground, turn out nighttime architectural lights, install motion sensors or timers so that they can be programmed to turn off between 11 p.m. and sunrise, and minimize roof antennas and other rooftop structures that create additional collision risks; or private sector action e.g. the owners of Chicago’s McCormick Place are installing decals with little polka dots on the windows to reduce collisions. 

Route Fifty | As deadly bird collisions with buildings mount, cities look for solutions

Land Use: Distance Requirements for Warehouses

  • September 5, 2024

Pending the Governor’s signature, California’s AB 98 (2024 | CA), would require, with exceptions, that new warehouses be built on arterial roads, collector roads, major thoroughfares or local roads primarily used by commercial traffic. The goal of distance requirements for warehouses is to limit noise and pollution from neighborhoods and schools. The bill would also require warehouses to add landscaping screens and implement set backs for buildings.

SB Sun | Bill separating warehouses from homes, schools passes California Legislature

Land Use: HOAs + Native Plants

  • September 5, 2024

 Home Owner Associations in Illinois can no longer prevent the planting of native plants. The Legislature passed the Homeowners’ Native Landscaping Act to give homeowners the ability to freely plant native plants.

@goodgoodgoodco

Colorado’s farm and ranch land ownership legislation

  • August 15, 2024

This week a Texas House Committee discussed foreign ownership of farm and ranch land. Colorado Legislature is also discussing the issue.  “The National Ag Law Center states approximately 24 states specifically forbid or limit nonresident aliens, foreign business entities, or foreign governments from acquiring or owning an interest in private agricultural land within their state’s boundaries.”

Denver Gazette | Committee shows renewed interest in measure to restrict foreign ownership of Colorado agricultural land

Affordable housing data needed

  • August 15, 2024

Data types are saying that to better understand the housing affordability crisis, more data is needed on eviction rates. Princeton’s Eviction Lab is considered the best eviction data and it shows that 2022’s 3.6 million evictions amount to 7.8 evictions for every 100 renter households.

Governing | Lack of Eviction Data Obscures Extent of the Affordable Housing Crisis

States helping new home buyers

  • August 8, 2024

Let’s look at how different places are helping first time home buyers. Ohio worked with local financial institutions to offer high rate interest savings accounts for people who use the funds for home buying. Ohio Home Buyer Plus Program Utah Governor has the state lined up to build 35,000 starter homes by 2028. Utah First Homes’ Program Rochester, Minnesota put $4 million into start home building with its Home Ownership Creation Program.

Land Use: Office to Housing Tax Break

  • August 8, 2024

Washington State will now permit developers to defer sales and use taxes if they convert existing structures, like office buildings, into affordable housing. The Washington State Department of Revenue application can be found here.

Is blight taxed?

  • August 8, 2024

The City of Detroit has taken the position that “Owners of abandoned buildings, scrapyards, and parking lots pay very little in property taxes.” And, that building is punished, hence the proposal to tax these uninhabited properties at the rate higher than the current rate thereby reducing the property tax rate for commercial and residential improved property. 

The City of Detroit | The Land Value Tax Plan

Own a home for 40 years? No more property taxes for you

  • August 1, 2024

A proposal in Nebraska aimed at curbing high property taxes, will eliminate property taxes on your home if you have owned it for 40 years. LB 75 (2024 | NE) , Adopt the Long-Term Owner Homestead Exemption Act.

Gov. Executive Order: removing homeless encampments

  • August 1, 2024

Governor Newsom issued an Executive Order concerning the removal of homeless encampments in California cities. He says, “This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them — and provides guidance for cities and counties to do the same. The state has been hard at work to address this crisis on our streets. There are simply no more excuses. It’s time for everyone to do their part.”

Eminent Domain Contest

  • August 1, 2024

 We’ve talked about the lengthy eminent domain legislative battle over CO2 pipelines in Iowa. In a proceeding concerning these pipelines, the pipeline company referred to the “improper attack” by Republican legislators. Interesting approach to influencing people and making friends.

Des Moines Register | Carbon pipeline builder says Iowa Republican lawmakers engaged in ‘improper attack’

Iowa Capital Dispatch | Summit says Republican lawmakers lobbed ‘improper attack’

Are homeless camp clean ups cost effective?

  • July 25, 2024

The Rand Corporation “found continuing evidence that local encampment cleanup activities don’t appear to lead to a persistent reduction in the number of unsheltered residents in the area.” The return to the same level of unhoused individuals returns within weeks.

Governing | Homeless Camp Cleanups Aren’t a Permanent Solution

Building Code Changes: Number of Exits

  • July 25, 2024

Colorado is considering HB24-1239 that would require a single exit for up to a 5 stories. Connecticut’s Governor signed Bill 5524, effective July 1st, that is very similar to Colorado’s limit on the number of exits in multi-family buildings. As building code legislation seeks to lower exit requirements, firefighters are speaking up about the safety issues related to limiting the number of exits in a building.

Route Fifty | This housing fix could help build more homes. But firefighters are sounding the alarm.

Land Development: IN House Inspectors

  • July 25, 2024

Tennessee has enacted SB 2100 (2024 | TN) that allows large scale developers to use in-house building safety inspectors. The goal is said to be to streamline the building process.

Tennessee Outlook | New law allows Tennessee developers to hire their own building safety inspectors

Banning AirBnB

  • July 18, 2024

Barcelona is working to ban AirBnB because short term rentals are making the city unaffordable for year long residents. @bloombergbusiness

Converting churches to housing

  • July 18, 2024

We talk about converting office buildings to housing and the building code hurdles that can exist. Let’s turn to converting churches to housing. Meet SB 4 (2023 | CA), Affordable Housing on Faith Lands Act, that supports faith based organizations that convert their surplus properties to build 100 percent affordable housing. Maryland, New York and Virginia are considering the same, and the cities of Atlanta, Pasadena, San Antonio, San Diego and Seattle have passed similar legislation.

Governing | Can Struggling Houses of Worship Be Turned Into Housing? Not Always.

Building Codes for thermal energy

  • July 11, 2024

States are passing building codes that focus on more thermal energy sources like heat pumps to heat and cool homes and buildings. “At the start of June, Eversource Energy commissioned the United States’ first networked geothermal neighborhood operated by a utility, in Framingham, Massachusetts”

Route Fifty | The secret to decarbonizing buildings might be right beneath your feet

Swing voters and land use policies

  • July 11, 2024

A survey by Pew Charitable Trusts indicates that swing voters can hold the key to loosening home building building ordinances that will create more housing.

Pew Charitable Trusts | A Swing Constituency Could Help Allow More Homes

Alabama paying for roofs

  • July 11, 2024

Big storms have left a path of destruction and led to rising insurance costs. To address the issue, Alabama passed legislation to pay for the cost of roofs the can withstand hurricanes. The goal of paying for roof upgrades is to stave off a home insurance crisis that leads to insurers pulling out of the state. 

“Since Alabama issued its first grant in 2016, the state has doled out more than $70 million to cover roof projects on almost 7,100 homes. Residents are entitled to up to $10,000 per project, issued on a first-come, first-served basis. State officials award the funding directly to contractors who bid on the work.”

Route Fifty | One state is pioneering paying for roof upgrades as storms boost insurance costs

Property Ownership Bans

  • June 20, 2024

Last year Florida passed a ban on Chinese nationals from owning property. SB 264 (2023 | FL)   The bill made it a felony for a person who does not have a green card, that includes long term workers who are here legally under HB-1 visas. The criminal statute also extends to sellers and real estate agents.

CNN | ‘They’re treating us like we’re spies’: Florida property ban has Chinese citizens fuming

Land Use: ADUs

  • June 20, 2024

 California’s ADU bill, AB 1332 (CA| 2023) , created online platforms for property owners and developers to review pre-approved ADU plans in their jurisdiction. “The Community Planning Collaborative, a housing policy and community engagement firm, has developed an online platform for government officials, architects and residents to manage authorized housing plans and where homeowners or developers will be able to find and select ADU projects they’d like to pursue. “ 

Route Fifty | Platform lets cities, residents shop granny flat options

AirBnB and Squatters

  • June 13, 2024

 There’s been talk of squatters in empty houses, of renters with lengthy leases squatting, and now AirBnB-ers are squatting. So it is said for a North Carolina Airbnb listing. An airBnB condo in Durham, NC has been occupied for 8 months, without payments. The original payments were paid in cash and negotiated off the app. Clearly these AirBnB guests know the law (this is sarcasm), as they posted a piece of paper on the door that proclaimed that they are “legal residents.”@entreprenuer

Park lands + mosquitos

  • June 13, 2024

Broward County, Florida, home to Two Live Crew and a notable Supreme Court 1st amendment ruling,  has turned to drones to spray for mosquitos in remote park lands and wetlands. This means no more machete wielding county workers spraying for mosquitos. The county also points to drone spraying as being  less invasive to private property. 

Governing | Broward County Enlists Drones to Help Keep Mosquitoes at Bay

Re-selling homes taken by eminent domain

  • June 13, 2024

CalTrans is selling homes that it took with its power of eminent domain for a now defunct freeway expansion. Here’s the interesting part- proceeds from the sales are dedicated to affordable housing, specifically low to moderate cost housing. All thanks to SB 381 (2021 | CA)

South Pasadenan News | CalTrans Homes FOR SALE in South Pasadena | First 5 Homes Hit the Market

Eminent Domain: An Incumbent Target

  • June 6, 2024

14 Republican incumbents in South Dakota lost their seats to challengers. The challengers took the position that the state needs stronger private property rights protections against a CO2 pipeline, and claiming a bill creating a Landowner Bill of Rights was too much of a compromise on property rights.

South Dakota Searchlight | Incumbent Republican legislators suffer losses as pipelines and property rights surge to the fore

Regulatory Battle: Home Insurance for Disaster/Flood prone homes

  • June 6, 2024

The director of insurance with the Consumer Federation of America says that “Insurance companies have basically become our land-use officials.” State legislators and regulators have responded by: (1) offering insurers more flexibility to raise premiums or drop certain homes from coverage, (2) fast-tracking rate revisions and (3) making it harder for residents to sue their insurance company. 

Route Fifty | States beg insurers not to drop climate-threatened homes

Is there a squatting crisis?

  • May 30, 2024

 Laws addressing squatters are de rigueur with Legislatures in Georgia,  Florida and New York taking action.   But is this for show? Number vary widely.  In Georgia the numbers in Atlanta varied from 1,200 according to the National Rental Home Council to 1.4 million households by KB Advisory Group. “Newsweek reported that the numbers of homes taken over by squatters for Dallas-Fort Worth and Orlando are even smaller — 475 and 125, respectively.”  

Some point the issue to immigration, and some point the issue to predatory lending practices. While others say the issue is an opportunity for corporations to purchase homes in bulk and then rent them out, often at exorbitant prices.

Governing | The Dubious Claim That We Have a Squatting Crisis

Modular homes + Affordable housing

  • May 29, 2024

Buena Vista Colorado is addressing its affordable housing crisis with modular homes. A Fading West  factory in Buena Vista, can produce 2 modular full-size, single-family homes per week. It is said the homes are indistinguishable from traditional built homes.

Route Fifty | Are modular homes the future of affordable housing?

Preventing Eminent Domain in an ETJ

  • May 29, 2024

A town in Delaware is considering limiting its use of eminent domain by ordinance. The limitation would only permit the use of eminent domain within the town’s city limits and would exclude the use of eminent domain in its extraterritorial jurisdiction.

Milford Live | Council discusses restricting eminent domain in charter

A governor who can’t enter lands within their state

  • May 16, 2024

Tribal governments in South Dakota have enacted tribal ordinances that prohibit the Governor from entering their sovereign lands. 7 of the 9 tribes are denying the Governor entrance after the Governor claimed ties between cartels and the tribes.

NPR | Most of South Dakota’s tribes have banned Governor from their land

Property development limits in Atlanta

  • May 16, 2024

Atlanta ordinances prohibit new storage facilities, gas stations and drive-thru restaurants within the Beltline overlay district with the policy goal of fostering pedestrian-focused developments.

Governing | Atlanta Considers Banning Data Centers from Beltline, Transit Stops

County buying lawns to save water

  • May 16, 2024

Washington County in southern Utah is offering property owners $2 per square foot of converted turf, up to 5,000 square feet. The funding is split between the Washington County Water Conservancy and the state of Utah, which matches the county dollar for dollar.  Utah Legislature allocated $8 million dollars to launch the program, with $3 million recurring annually. 

Route Fifty | This Utah county will buy your lawn to save water

AI based housing discrimination

  • May 9, 2024

Welcome to AI world. HUD is warning that AI is creating new housing discrimination affecting rental selection and advertisements concerning obtaining housing. “The issue of algorithmic accountability has been featured in at least one bill, with Sen. Ron Wyden, D-Ore., introducing the Algorithmic Accountability Act of 2023 to help protect consumers from AI and machine learning models’ misuse in areas like housing processes.”

Route Fifty | HUD warns on AI-fueled housing discrimination

Taxing Vacant Properties

  • May 9, 2024

Maryland is considering legislation, to allow local jurisdictions to impose higher taxes on vacant properties to address the state’s affordable housing crisis. HB 2 (2024 | MD) signed by Maryland’s Governor.

Kansas: No foreign land ownership

  • May 9, 2024

Kansas Legislature has sent to the Governor  SB 172 (2024 | KS) that prohibits foreign ownership of land by persons from China, Cuba, Iran, North Korea, Russia and Venezuela. The legislation would empower the state Attorney General to divest foreign nationals of their property. There’s a lot of chatter about the constitutionality of this bill.

KAKE News | Legislature adopts potentially unconstitutional ban on ‘foreign adversary’ property ownership

Missouri House approves eminent domain ban

  • May 2, 2024

The Show Me state wants to show us that it doesn’t like eminent domain for solar and wind projects. The Missouri House approved a ban on eminent domain for solar and wind builders. HB 1750 (2024 | MO)

Missouri Independent | Missouri House approves bill prohibiting eminent domain for solar, wind energy projects

Squatters. Pervasive? Overhyped?

  • May 2, 2024

10 states are considering squatter legislation. SB 1994 (2024 | OK) would allow law enforcement to boot squatters. HB 621 (2024 | FL) and HB 4940 (2024 | WV) make squatting a criminal act. Other legislation includes HB 182 (2024 | AL) S725 2024 | NJ) HB 478 (2024 | OH) Pennsylvania’s Homeowner Protection and Squatter Eviction Act.

Fortune | Viral squatting stories are scaring homeowners. How bad is the problem really?

Wildlife Bridges + Eminent Domain

  • May 2, 2024

Colorado built a wildlife underpass on I-70 near Genesee. Once the animals cross the underpass, they have no where to go.  This leaves Colorado with the need to rely on eminent domain to obtain 17 acres to move animals along on their journeys. 

 CBS News | I-70 wildlife overpass is open in Colorado but one thing is missing: “It’s like the bridge to nowhere”

Agri-hood

  • April 25, 2024

Meet the agri-hood. A suburban neighborhood concept that includes car free areas and community farming areas. @houstonchron

Streamline outdoor recreation permitting

  • April 25, 2024

This legislation is streamling permitting process for outdoor recreation companies at national parks. Is this something for your state parks?

Route Fifty | Key takeaways from the Explore Act, one of the largest outdoor recreation bills ever

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