Land Use & Property Rights

Lawmakers in North Dakota asked the state Attorney General to investigate a CO2 pipeline alleging that the company has “some of the investment in the project comes from foreign countries, including China.” Connecting the dots… thus these foreign powers have the power of eminent domain.

AG Week | Lawmakers seek AG investigation into Summit Carbon Solutions ownership and investors

Idaho signed an agreement with the Federal government and indigenous tribes for the state to take greater responsibility over the wildlife-urban interface, the area most often the source for wildfires. The International Code Council has a wildland-urban interface code. But, most woodland urban areas in Idaho have not adopted it.

Governing | Idaho Agrees to Take More Fiscal Responsibility for Wildfires

How do you encourage construction of affordable housing? In 2021, Connecticut decided it would speed things along by passing a bill that prevents zoning rules from considering population density and character of the community.

Reasonable minds say that more affordable housing is needed. However, changing zoning laws isn’t easy when your voting constituents favor NOT IN MY BACKYARD (NIMBY). The answer? Some think it’s going to be state preemption of local zoning regulations that require affordable housing to be built. Potential winners? Affordable Housing developers.

Route Fifty | Will States Force Localities to Build Affordable Housing?

Chattanooga Tennessee spent 1 year studying short term rental rules, and adopted rules this week. The new rules will limit new short term rentals to commercial areas that allow hotels. Supporters say the new rule will help enforcement with illegal short term rentals and will help prevent vacation rentals from overrunning local communities.

Chattanooga Times Free Press | Chattanooga City Council OKs new rules for short-term vacation rentals after a year of work

Colorado law enforcement have been using reverse keyword search warrants that allow law enforcement officers to see what people have been searching on google. An attorney with the National Association of Criminal Defense Lawyers says “The keyword warrant here made Google search everybody who searched for anything over the course of more than two weeks.” Attorneys say it’s a new issue for courts. Hello 2025, Texas legislature. All other states, act accordingly.

Governing | Colorado Hears Challenge to Police Use of Google Search

States are looking to curb youth homelessness by collecting better data, providing training for educators to identify homeless students, and  establishing formal positions to support students and their families.

Route Fifty | States Take Up Bills to Confront Youth Homelessness

Once upon a time eminent domain was an issue to preserve the Oakland Raiders. Today people are talking about Oakland using eminent domain to seize the As stadium. Think of it like divorcing parents fighting over custody, in this case it is custody of the stadium.

San Jose Mercury Times | Borenstein: Oakland should seize the A’s stake in the Coliseum through eminent domain

South Carolina saw a statewide wide regulation of short term rentals come to a full stop. So, what was the winning argument that halted the bill? That the bill was “usurping cities’ self-governing rights.”

Post & Courier | Bill limiting short-term rental rules in SC is dead for the year but could resurface in 2024

Kansas City< Missouri on Thursday approved new short term regulations that prohibit non-property owner occupied short term rentals in areas zoned residential.

Fox 4 | Kansas City approves new regulations on short-term rentals

A court in Iowa ruled this week that surveyors for carbon pipelines cannot enter land before condemnation. The district court found that a surveyor entering land without consent of the land owner is a  “government taking without providing just compensation.” 20 similar suits are pending in Iowa & South Dakota.

Des Moines Register | Iowa law allowing surveyors on property for carbon capture pipeline ruled unconstitutional

 An Austin startup is proposing home sales by cash and crypto. Meet MyEListing that allows commercial and residential properties to be listed on their site. The hook: deals can close in 1 day. The company looks to expand outside of Texas in June to 2-3 states.

Governing | Austin Startup Allows House Sales in Cash or Crypto

Displacement Prevention Navigator , a pilot program in two Austin Texas neighborhoods– Colony Park and Dove Springs—is working to keep people in their homes with outreach programs that can provide assistance.

Route Fifty | City’s ‘Displacement Prevention Navigators’ Aim to Help Neighbors Remain in Homes

17.1% of office spaces in the US are unoccupied. Three regulatory changes that help convert office buildings to residences efficiently are: (1) waiving development impact fees, (2) tax incentives and (3) zoning changes to spur office-to-housing conversions. In Oregon, legislators want to make sure office flipping can happen statewide with  HB 2984 (2023 | OR) that requires cities to allow for office to resident conversions.

Route Fifty | Converting Offices to Housing Is Hard. These Changes Could Make It Easier

Add Missouri to the states working to prevent foreign ownership of its farm lands. Currently .3% of the state’s farmland is foreign owned. Missouri’s House of Representatives wants to prohibit ownership from persons or entities connected to these 5 countries: China, Russia, Iran, North Korea and Venezuela. The  legislation would require countries to report land acquisitions or transfers with the Missouri secretary of state’s office and the attorney general. HB 903 (2023 | MO)

Fox 2 Now | Missouri Senate approves to limit foreign ownership of farmland

As we know the Florida Legislature tried to take power away from Disney World’s special purpose district. The special purpose district legally transferred the districts power by agreement to Disney before the Legislature’s law was effective. Now, the Governor wants to change Disney’s property rights in the district. adults these days.

WorldWide Leader in Disney News Today | DeSantis Will Attempt to Void Disney’s Property Rights Declaration, Add State Inspections of Monorails and Rides

Arizona legislators say 2 bills will cut homebuilder red tape in Arizona. HB2536 (2023 | AZ) that will create a self certification program for builder. SB1161 which will allow for work time credits for probation credit.

@AZSenateRepublicans

The Urban Institute says that land use loosening to address housing shortages may increase some supplies, but they don’t don’t help low and middle income people seeking housing. The recommended solution is to offer direct payment options to help the groups like rent subsidy vouchers.

They fences make good neighbors but do cryptominers make good neighbors? Neighbors to a crypto mining facility in North Carolina report 24/7 noise, sounding like a “never ending airplane engine and the sound can carry through the county,” and say that “It’s been a disaster to our whole community.” Local officials say the best advice is to ban it before it controls you.

ABC 13 | ‘It’s been a disaster’ Residents warn neighboring areas of crypto mine impacts

Developers in Colorado are using modular homes to address the housing crisis. These homes require minimal construction on site. This housing solution involves public and private efforts, including free land from San Miguel County, grants from heavyweight foundations to launch a nonprofit developer and unique lending.

Colorado Sun | A modular home community near Telluride may become a national model. But getting it open hasn’t been easy.

Disney said checkmate to the political drama. To quick recap, Disney is located in a special district, and the Florida legislature upended it. To match this, before the switch over, the special district passed special covenants and entered into a development deal with Disney Co. moving all the power of the special district to Disney.

NPR | Disney World board picked by DeSantis says predecessors stripped them of power

California proposes adding housing to the state’s health care safety net. The program would include 6 months of rent for qualified low income enrollees. Some say inadequate housing are driving health outcomes. Similar programs are ongoing in Arizona and Oregon.

Route Fifty | Prescription for Housing? California Wants Medicaid to Cover 6 Months of Rent

Green burials come in 3 shades of green. First the hybrid, let’s call this kelly green, a kelly green cemetery is a conventional cemetery that has an area for burials without a concrete vault or chemical embalming. The next is a dedicated natural burial cemetery let’s call this forrest green, that uses no non-native materials down to the burial stones. Finally there is conservation burial ground, let’s call this sea foam green, and has deed restrictions so that the land will never be used or developed for another reason.

Spartan News Room | More cemeteries offering green burials, recreational space

North Carolina passed an Ag-Gag bill that prohibited disclosure of “undercover animal-cruelty investigations and publiciz[ing] what they uncover.” The bill left the legislature and made a very fast trip to the courts. The court said that protecting private property rights is good and all but limiting free speech is not.

Harvard Univeristy | Property Law Developments | Fourth Circuit strikes down North Carolina’s “ag-gag” law under the First Amendment

Arkansas legislature has passed SB197 (2023 |AR) that says local governments infringe on private property rights in their regulation of short term rentals. Trust issues are alive and well between states and cities as the bill also prohibits cities from enforcing existing short term rental rules. Cities can require permits, but no more. This reminds me of  last week when we talked about a statewide bill that said all properties, short term rentals and regular residential properties, must be treated the same.

Arkansas Democrat Gazette | House considers short-term rentals bill

Welcome new eminent domain messaging- using eminent domain for a pipeline in Iowa is being called profit over people.

Iowa Capital Dispatch | Disasters happen when businesses put profits above people

Ah.. Florida, you’re getting a lot of attention this year. Everyone wants to suss out the politics of your Governor. Florida legislators want statewide rules on short term rentals. They say local governments cans till have noise, trash and parking ordinances but they have to be the same rules that apply to all residents. “The League of Cities neither opposes nor endorses the bill”

Tampa Bay Times | Florida Senate bill could limit local regulations on short-term rentals

San Luis Obispo is reviewing home deeds to clear the deeds of racist provisions. Restrictive covenants in the 1940s limited residential property to caucasians. In 2021, the California Legislature passed AB1466 (CA | 2021), that outlawed discriminatory language in covenants, conditions and restrictions and develop a plan to remove the covenants.

Governing | San Luis Obispo Sifts Through Home Deeds for Racist Language

Texas Attorney General Opinion KP-0437 answers the question whether a public facility corporation sponsored by a municipal management district created under chapter 375 of the Local Government Code can act outside its geographical territory. The answer: Probably yes and then cautions ” Whether a PFC should have this authority and the limitations of such authority are policy questions for the Legislature, especially when impacting taxing authority for another district.” HELLO TEXAS LEGISLATURE this language is for you.

What does made in the USA mean for agricultural products? Turns out it doesn’t mean that it was raised or grown here, some rules allow made in the USA if the food was processed in the US. This is going to change according to the USFDA, which will be changing its rules so that they align with customer views.

AP | Made in the USA? Proposed rule clarifies grocery meat labels

The Montana Legislature voted down SB467 (MT | 2023) that would have stopped cities from prohibiting short term rentals. Long live local short term rental bans in Montana.

Detroit is planning to use $95 million in federal ARPA funds to demolish 400 dilapidated commercial buildings. One example site is an abandoned Packard Plant.

Route Fifty | How Cities and Counties Are Spending Their ARPA Funds

Washington State Legislature is moving HB 1037 (2023 | WA) that would allow for backyard burials. The bill gets to this point by removing the requirement that all burials must be conducted by registered cemetery corporations. The bill was brought to the author by constituents including local tribal members.

KIRO 7 | Bill allowing family burials on private property approved by WA House

LB255 (2023 | NE) in Nebraska would prevent the use of eminent domain for renewable energy projects.

Bills to prevent the use of eminent domain for carbon pipelines has supporters of the legislation using a familiar chant- No eminent domain for private gain. We’ve talked about the bills already this year, I won’t bore you, but the support mantra addition is new.

CBS2 Iowa. | Landowners rally at Iowa State Capitol: “No eminent domain for private gain”

Ah, the accessory dwelling. The office pod. The pool house. The tiny house for the mother in law. No one ever houses fathers in law apparently. Idaho wants to create some rules for accessory dwellings. HB 166 (2023 | ID) Idaho wants to limit local bans on accessory dwellings.

Idaho Freedom Foundation

HB 1336 (2023 | TX) would create a new property right for property owners in the geothermal energy and associated resources below the surface of your land.

Go San Angelo | Geothermal energy: Texas can tap into the heat beneath our feet

A Belgian company makes sustainable building blocks from hemp. Hempcrete. Now available in the U.S.

GoodGoodGood | A Building Material That Consumes CO2 Has Finally Come To the US

Florida Republican has filed SB 102 (2023 | FL) that would prohibit counties from adopting rent control policies. Florida is responding to Orange County that dipped its toes into rent controls.

The bill will also incentivize private development of affordable housing.

Connecticut’s state budge tis proposing  $200 million in incentives for developers to construct housing for the new workers Connecticut needs to fill 100,000 job vacancies. The Governor wants to see 6,400 housing units and calls worker housing the key to economic growth.

Governing | Finance of the Future | Gov. Lamont’s Proposed Budget Includes $200M for Worker Housing

An affordable housing bill in Colorado would give cities and counties the right of first refusal when apartment buildings are offered for sale. This would allow the cities and counties to convert apartment buildings to affordable housing.

Denver Post | Colorado cities would get first right of first refusal when apartment buildings sell in new affordable housing plan

Let’s take a look at two eminent domain situations in Texas and the differences between what property owners/the market value of property is vs. what Govermental entities are willing to pay.

San Antonio Bar Owner v. San Antonio & The Alamo. The owner market value is at $17 million. San Antonio is offering $3.5 million.

The Operators of the Austin Airport were awarded $90 million by special commissioners, that is 46 times the amount the cCity of Austin offered.

Real Clear Markets | A Potential Bar Seizure In Texas Calls for Revisiting Eminent Domain

KUT | Austin ordered to pay South Terminal operator $90 million in eminent domain fight at ABIA

Detroit created the  0% Interest Home Repair Loan Program in 2015 to help keep homeowners in their homes by offering 10-year, interest-free loans ranging from $5,000 to $25,000 to help homeowners replace windows, remove lead and fix structural issues. 

The program is a  $13.5 million investment in the community. 95% of borrowers are Black. It is lauded as Black homeownership preservation tool to build intergenerational wealth.

Route Fifty | One City’s Attempt to Bring Racial Equity to Home Repairs

Last week we broached the topic of irony at the Alamo. The name of the Alamo, where people fought to stop the taking of land, is being heralded as a reason to take land from a private business owner in the name of a museum. This week, the historical game of musical chairs is a popular topic. A Wall Street Journal editorial enters the fray. 

As often is the case, at issue is value of  the land. The WSJ looks at it from a willing buyer, willing seller perspective. The bar owner is willing to sell at $17 M. The last eminent domain appraisal was for $3.5 M.  That’s a $13.5 M gap.

The editorial poses this question: The question is whether it’s right for the government not only to take a person’s property but to set the price and negotiate with the threat of eminent domain hanging in the background.

WSJ | The Second Battle of the Alamo

Florida lawmakers want to incentivize more private investment in affordable housing and create means to convert existing buildings into affordable housing. Meet SB 102 (2023 | FL) the Live Local Act

WCJB | Legislation on affordable housing now filed at the state capitol for the upcoming session

San Antonio is home to the Alamo, where people defiantly fought to protect land, wants to take land from a local business to build a museum for the Alamo. History is funny and ironic.

Kens5 | City Council votes to use eminent domain to take downtown business for Alamo Plaza

First, I read about a neighborhood park in New York that shut down pickle ball play because the players kept brawling like pickle ball is MMA. Now, it’s time to legislate pickle ball in some parts. Mayors are trying to address pickle ball noise complaints by making changes to their noise and nuisance ordinances.

Route Fifty | Mayors Try to Cope With Pickleball Craze

What is happening? Phoenix gave the NFL the power to call for the removal of temporary signage on private property that isn’t pre-approved by the NFL. A local business sued. Some legal experts have called it blanket prior restraint on speech. The business says it is losing revenue because of it.

Reason | Phoenix Sued After Giving the NFL Power To Censor Signs on Private Property

In Florida, if a migrant abandoned a vessel on your private property, the owner of the private property paid to have the abandoned vessel removed. Governor DeSantis recently said, “We are going to clear the vessels free of charge for those residents because it wasn’t their fault.” Hey Texas, what about Texas private property on the border, who pays the cost for removing abandoned migrant property?

News & Miami | State law silent on who’s responsible for removing migrant boats abandoned on private property, but that could change

A 93 year old woman was $2300 behind on her property taxes in Minnesota. The County seized her condo and sold it for $40,000. The county kept the $37,700 above the tax debt. The Pacific Legal Foundation says “This is very bad for property rights.” How are tax sales treated in your state?

Reason | A 93-Year-Old Woman Couldn’t Pay Her $2,300 Tax Bill. The Government Sold Her Home and Kept the Money.

What is happening? A wave of building code reforms have included electrification. Then last week the gas stove issue emerged raising the issue of emissions from gas stoves. Supporters of adopting model building codes say that the 2021 model code for residential buildings is 27% more efficient than the 2009 version.

Why is this important? U.S. Sen. Joe Manchin of West Virginia slammed gas stove issues and also was the architect of a new federal law packed with climate programs that could help states update their building codes and increase energy efficiency.

Route Fifty | Cutting Building Emissions is About More Than Gas Stoves

What is happening? Miami is the 1st city in the U.S. to adopt a  Extreme Heat Action Plan. This will include building codes that reduce waste heat and use lighter materials, and increase access to air conditioning. The city is also increasing tree planting as trees were devastated by Hurricane Irma.

Miami defines extreme heat as over 90 degrees. Days over 90 degrees, for at least 2 days, cost the city more than $10 billion annually because of lost worker productivity and heat related illnesses.

Why is this important? It’s past time to try new ways of tackling old problems, Miami-Dade County Mayor Levine Cava, says: “Now is the time to put ambition into action.”

Route Fifty | Miami-Dade Debuts Plan to Tackle Extreme Heat Problem

What is happening? This week the issue of green burials came up during the January 11th meeting on the Texas Sunset Advisory Commission recommendations for the Texas State Anatomical Board. Washington State legislators this week began consideration of HB 1037 (2023 | WA) to allow green burials on your own property.

Why is this important? We talked about this recently too, green burial policies are very popular.

My NW | Backyard family burial legislation introduced to WA House floor

What is happening? An HOA in Denton County, Texas has adopted a provision that prevents property owners from accepting lease payments from “Section 8” funds. I’m not sure how the HOA tracks payments made from one private person to a private land owners or how it interferes with private contracts, but tomato/tomahto… Meet HB1193 (2023 | TX) that would prevent these sorts of prohibitions on money sources.

KPVI | Providence Village HOA’s Section 8 ban would be illegal if Texas bill passes

What is happening? Washington State Legislature is considering raising the debt limit to issue $4billion in bonds to address affordable housing shortage and homelessness. Access to more affordable housing is being talked about across states- red, blue, and purple.

Why is this important? The Governor says this level of funding will be a serious step forward for affordable housing access, not just piecemeal.

Crosscut | Why you should pay attention to the 2023 Washington Legislature

What is happening? This past November voters in Colorado and 9 cities across the country approved millions in affordable housing funding. There’s also bipartisan Congressional support for increasing the Low Income Housing Tax Credit, supporters include Nancy Pelosi and Kevin McCarthy.

Why is this important? Housing experts say voters approval of affordable housing coupled with political support highlights the crucial need and approval of spending for affordable housing.

Route Fifty | Voters Approved Millions for Affordable Housing. Advocates Say Congress Should Do the Same

What is happening? Housing Affordability is in the headlines a lot. One of the questions is how do regular home owners buy property when they’re competing with investors who are snapping up single family properties. Turns out, governments are making rules about this sort of thing. In Cincinnati, the Port of Greater Cincinnati Redevelopment Authority is selling developed property directly and it is to regular old humans who want to live there. Urban Institute Fellow for the Housing Policy Finance Center says it isn’t about who can and cannot buy property but rather making financing by regular humans much easier and more accessible to level the competition.

Why is this important? There’s going to be all sorts of approaches to this issue. Some will be via zoning, some will be via restrictions like must live on the property, and there will be others.

Route Fifty | Exploring How to Help Homebuyers Compete with Real Estate Investors

What is happening? Remember when we talked about how Manhattan Beach in California was taken by eminent domain back in the day from Black property owners. In the COVID- BLM world, local governments began correcting historic eminent domain use that impacted BIPOC communities and Manhattan Beach was returned to the original land owners, who are now leasing and selling back their interests to the local government for its continued use as is. The Chair of the Los Angeles County Board of Supervisors negotiated a deal for the County of Los Angeles to buy back the land.

Why is this important? To quote the Chair of the Los Angeles County Board of Supervisors ““This is what reparations look like, and it is a model that I hope governments across the country will follow.”

LAist | Bruce Family To Sell Beach Back To LA County For $20 Million — Months After Return Of Oceanfront Land Seized Nearly 100 Years Ago

What is happening? For the 2023 Legislature, the Texas Farm Bureau identified 3 top issues: (1) protect property rights in a growing state; (2) protect the right to farm from local governmental ordinances that infringe on agriculture; and (3) truth in meat labeling. We see you non-meats and non-dairy and your labels that hide who you really are. It’s 2023, young consumers want your authenticity, let’s embrace who you are as oat water and plant based Petri dish mystery stuff.

Why is this important? The issue has passed in other states, and passed as a constitutional proposition in Maine as a right to food.

CSG | Maine passes “Right to Food” constitutional amendment

Texas Farm Bureau | TFB sets 2023 state, national legislative priorities

What is happening? Meet Where Is My Land, an organization that helps Black families across the country regain land taken through eminent domain and other means. A study shows that 2/3 of property taken as blighted was owned by Black people even though Black people were 12% of the population.

Why is this important? Local governments throughout the country are working to address this issue.

CalMatters | ‘When they took the foundation, everything started crumbling’: California group fights eminent domain, racism

What’s happening? We first met Austin’s own Icon which uses 3D printing to build cement composite homes and buildings. Now, we have 3D wood printed homes, assembled in half a day from the University of Maine’s Advanced Structures and Composites Center. These 3D wood homes are made with fully recyclable wood-fiber and can help address affordable housing as well as labor and supply chain shortages.

Why is this important? affordable housing + labor shortage + supply chain shortages

Route Fifty | Maine’s 3D-printed Wood-fiber Home

What is happening? Laketown, Wisconsin, home to 1000 humans and 18 lakes passed a local ordinance to prevent pollution from confined animal feeding operations. Then the state Business Association sued. Other towns in Wisconsin towns have ordinances that address zoning of large farms.

Why is this important? Land Use in growing populations and growing agricultural areas are always going to get creative when most states have a right to farm statute.

Route Fifty | A Tiny Wisconsin Town Tried to Stop Pollution From Factory Farms. Then It Got Sued.

What is happening? We’ve seen cities and states address historical impact of state land use laws on Black communities. The conversation is growing to include the impact to Asian communities. In the mid 1800s state legislatures enacted alien land laws. In 2021 Florida removed its alien land laws.

Why is this important? Reconciling equal protection under the law with legislation that uses “subtle language to inflict massive damage on the opportunities provided to particular racial, ethnic or socioeconomic groups of people.”

Governing | How States Used Land Laws to Exclude and Displace Asian Americans

What is happening? This November voters in San Francisco and Berkeley approved a tax on vacant properties. The goal was to tame property speculators and to make more properties available to rent. The tax is aimed directly at “investors who profit from housing without adding to supply. ” San Francisco’s vacancy tax is modeled after Vancouvers which since 2016 has raised more than $86 million for affordable housing programs.

Why is this important? Tax revenues from the vacancy tax in San Francisco will fund rental subsidies for low-income tenants & affordable housing. 

Governing | Cities Like Vacancy Taxes, Despite Mixed Results

What is happening? Boston will use $60 million in federal pandemic relief money to make 150 municipal properties available for affordable housing. In 2023, 70 RFPs will be available for developers. The properties that will be flipped into affordable housing were acquired by tax foreclosures, “urban renewal” initiatives and highway projects.

Why is this important? Boston is addressing the severe shortage of homes to buy and rent. 

Route Fifty | A Plan to Use City Property for Affordable Housing

What is happening? A ban on short term rentals in La Quinta, California appears to have very narrowly failed. If it ultimately passes,  La Quinta would join other cities in the Coachella Valley such as Rancho Mirage in prohibiting short term rentals.

Palm Springs Desert Sun | Election results: La Quinta short-term rental ban now trailing by 126 votes

What is happening? California enacted AB 2011 (2022 | CA) that offers incentives for affordable housing developments on property of underutilized retail spaces.

Why is this important? It’s creative. It reflects a COVID world where work-home dynamic has shifted.

Bond Buyer | Cities in California will surf a wave of land-use changes

What is happening? Iowa is popular stomping grounds for property rights supporters that oppose pipelines. Currently it is a proposed carbon pipeline that Morgan County, Iowa commissioners voted to NOT allow eminent domain for the carbon pipeline.

Why is this important? The opposition to using eminent domain for this carbon pipeline owned by a private company. It should not shock many to hear about opposition to a private company seizing land by eminent domain.

Journal Courier | Morgan commissioners sign resolution against use of eminent domain for pipeline

Voters in Los Angeles County appear to have approved a measure to add a fee to the sale of homes above $5 million to support programs for homelessness and affordable housing.

Governing | Mixed Results for City Initiatives as Local Election Results Trickle In

What is happening? Culver City, CA voters were asked whether to allow people as young as 16 to vote in local elections. Like much o the nation, still awaiting California results. Maryland has 6 local jurisdictions that allow 16 year olds to vote on local matters.

@Vote16CC

Governing | Should 16-Year-Olds Get to Vote? Culver City Will Decide.

What is happening? Iowa newspaper polled all candidates from US Senate & Congress on whether they support eminent domain for carbon pipelines. All 10 candidates either dodged the question and said it isn’t in my purview or said eminent domain is a concern.

Why is this important? Still not cool to say – yes I love eminent domain.

Iowa Capital Dispatch | Iowa’s congressional candidates answer questions on agriculture

What is happening? 67% of New Yorkers support requiring indoor air quality monitors in the building code to provide an alert for outbreaks.

Why is this important? As we work through COVID, policies turn toward the next pandemic and policies to assist with managing it.

Data for Progress | New York Voters Support Changing the Building Code to Require Indoor Air Quality Monitors

What is happening? Fairfax County Virginia Board of Supervisors created a pilot program, “Charge Up Fairfax” to help HOAs adapt to the EV world. The program will “provide support to homeowners’ associations (HOAs) and multi-family communities to install electric vehicle (EV) charging stations in common areas.”

Why is this important? This program fits with the County’s goal to have 42% EVs by 2050.

FFX Now | County plans to get more HOAs on board with electric vehicle chargers, starting in Reston

What is happening? Barbados is the first governmental entity to declare digital real estate as sovereign land.

Why is this important? With this declaration comes virtual embassies and consulates, develop services to provide e-visas, and more.

Forbes | Taxing Income In The Metaverse 

What is happening? Let’s talk about governmental entities encouraging property owners to change their lawn out to a xeriscape or a pollinator attracting clover lawn. Xeriscape was the talk of the town in Southern California. Minnesota set aside $1 million to help property owners switch to pollinator friendly lawns like clover.

Why is this important? The grants in Minnesota will support no more spraying herbicides, less lawn cutting, and allow lawns to return to a more natural state.

GreenStories | MINNESOTA PAYS CITIZENS TO CREATE BEE-FRIENDLY LAWNS

What is happening? Researchers studying the impact of affordable housing on property values in Chicago discovered that “a neighborhood within a quarter-mile of all three developments saw gains of 13% on average.”

Why is this important? Research defying mythology?

Route Fifty | Building Subsidized Low-income Housing Actually Lifts Property Values in a Neighborhood, Contradicting NIMBY Concerns

What is happening? Let’s catch up on Denver’s homeless bond initiative that connects the unhoused with housing, addiction treatment, and mental health programs. BY connecting the unhoused with housing, police hours spent on crimes associated with homelessness drops by 1,450 fewer hours.

Why is this important?

• 52% fewer offenses associated with experiencing homelessness

Urban Institute | Policing Doesn’t End Homelessness. Supportive Housing Does.

What is happening? New Orleans has temporary short term rental rules in place. One set for commercial areas of the city and one for residential areas. In the residential areas, owners must occupy the property by having a homestead exemption. Private residential properties in commercial areas, like the central business district, do not have the same requirement. The 5th Circuit found the limits on residential properties were unconstitutional.

Why is this important? The two sets of rules found the additional requirements for residential properties in residential areas discriminated against out of state property owners.

Governing | New Orleans Expands Temporary Ban for Short-Term Rentals

What is happening? Meet the YIMBY Agenda, a policy agenda that starts with “Yes in My Backyard” to totally eliminate zoning, some say.

Why is this important? Opponents point to Oregon where a state law passed that eliminated single family residential zoning in urban areas where 10,000 or more people live. YIMBY also seeks to move land use and zoning decisions to the state level and not the local level.

Governing | The YIMBY Agenda We Aren’t Talking About

What is happening? The Texas Attorney General has issued an opinion as to whether a county may recycle salvaged waste. The answer is – yes, yes it can recycle salvaged waste if it meets one criteria.

Why is this important? The kicker is– a county may recycle salvaged waste if and only if the waste is “routinely discarded as waste” which is a question of fact for courts.

Texas Attorney General Opinion Request RQ-0482-KP & Opinion KP-0420 (2022)

What is happening? The Office of Texas Attorney General will give an opinion as to whether Municipal Management Districts can purchase property outside the district’s boundaries. If they can, does the district have to justify the benefit to the district?

Why is this important? A district has done just this. SH130 MMD No. 1 created the Texas Essential Houston PFC that acquired multi family housing outside the boundaries of MMD No. 1. In doing so, granted property tax exemptions to private developers outside the MMD’s jurisdiction.

Texas Attorney General Opinion Request RQ-0481-KP

What is happening? Maverick County (Texas) Water Control & Improvement District No. 1 asked the Texas Attorney General for an opinion as to whether a member of an LLC may vote in an Improvement District election.

Why is this important? A member of an LLC, even an LLC that owns irrigable farmland or ranch land within the boundaries of the district and receives and uses irrigation water delivered by the district, by and through the district’s canal system, may not vote in an improvement district election. The Water Code standard for voting requires that the voter be a natural person. A change in the Water Code could be an avenue for LLCs.

Texas Attorney General Opinion KP-0415 (2022)

What is happening? Wyoming, Pennsylvania, Texas, Missouri and Virginia have a new mental health resource for farmers and ranchers. “The AgriStress Helpline for Farmers and Ranchers is staffed 24 hours a day, seven days a week by professionals trained to work with members of agricultural communities.”

Why does this matter? These property rights supporters in rural areas need access to mental health professionals.

Goodgoodgood.co | A New Mental Health Hotline for Farmers & Ranchers

What is happening? Short Term Rental hosts and operators serve as gateway for retailers. Retailers can showcase items in short term rentals that enhance local retail experiences. It is also an opportunity to test local products.

Why does this matter? Retailers have to think outside the box at these new short term rental customers but the partnership has merit.

Total Retail | How Retailers Can Work With Airbnbs and Other Short-Term Rental Companies

What is happening? Ohio lawsuit calls into question the constitutionality of Milford Ohio’s prohibition of non-owner occupied residential property as short-term or vacation rentals & establishing a 300ft buffer between short term rentals.

Why does this matter? A conservative leaning US Supreme Court and property rights sounds like a match.

1851 Center for Constitutional Law | MILFORD AIRBNB BAN UNCONSTITUTIONAL

Cincinnati.com | Milford homeowners file lawsuit over city’s Airbnb restrictions

What is happening? US law is based in large part on English common law. The UK Law Reform Commission has a proposal to apply property rights to digital assets. We should probably pay attention. Comments are due by November 4th.

Why does this matter? While it seems like the history of our laws and constitutional rights is large irrelevant in an era of fake news and when opinions are facts, but for the level headed legal nerds out there, this is something to read.

Digital Assets | UK Law Commission | Reforms

What is happening? NYC creates 8 million pounds of organic waste per day. To minimize rat populations, Queens took to social media to promote its composting program. Queens data showed that encouraging composting of yard waste ultimately led to composting of kitchen scraps, and compostable takeaway containers.

Why does this matter? If the 8 million pounds of organic waste go to landfills it creates methane emissions for years. As an added bonus, while the organic waste is at the curb or in its bins- it’s a welcome party for rats- fun!

Route Fifty | Curbside Composting Program Billed as Nation’s Biggest Gets Underway

What is happening? North Dakota State Representatives Rick Becker and Jeff Magrum will introduce legislation in the 2023 legislative session that will “clarify that eminent domain may not be used to procure easements for carbon dioxide pipelines and prevents landowners from being financially ruined for trying to fight it in the court system,”

Why is this important? Landowners believe in their constitutional right to their land.

How will this be important? A North Dakota property owner: “Our private property rights that are granted by the Constitution are incredibly important to us. They give us the right to protect what is ours, and in this case, we have the right to exclude others from our private property,” said Swenson.

KFYR | Landowners, legislators push back against carbon pipeline

What is happening? Iowa legislature has passed 3 Ag Gag laws to “to stop animal welfare groups from secretly filming livestock abuse.” All 3 have found to be unconstitutional infringement on free speech by the courts.

Why is this important? The most recent Ag Gag law in Iowa would have made it a “crime to trespass on a property to place a camera to record or transmit images”

How will this be important? Ag Gag laws in North Carolina, Kansas, Idaho, Utah, and Wyoming have also been found to be unconstitutional.

AP | Federal court finds 3rd Iowa ag-gag law unconstitutional

What is happening? Landowners in Virginia are appealing to the U.S. Supreme Court for relief from FERC’s granting of eminent domain authority to private pipelines.

Why is this important? Landowners across the country are fighting either the granting of eminent domain to pipelines or how those with eminent domain authority exercise it.

How will this be important? It’s been a while for an eminent domain case at the U.S. Supreme Court.

Marcellus Drilling News | Virginia Landowners Petition SCOTUS to Block MVP Eminent Domain

What is happening? Cleveland, Cleveland State University, and Case Western University are working on Artificial Intelligence (AI) to identify illegal dumping.

Why is this important? The technology would allow automatic notification to authorities when illegal dumping has occurred. The AI would compliment work of the illegal dumping task force.

How will this be important? Cleveland is participating in Accelerator for America, “a coalition of U.S. mayors that seeks and shares innovative solutions for problems commonly faced by municipalities.”

Governing | Cleveland Hopes to Crack Down on Illegal Dumping With AI

What is happening? Your property could soon be run by AI.

Why is this important? Meet the software company behind the AI: PassiveLogic. Its “software is designed to help building operators, architects, engineers, and contractors automate their systems and advance on-site intelligence to meet operational needs and environmental, social, and governance goals.”

H0w will this be important? DOE estimates that AI energy controls can reduce energy consumption for a building by as much as 29%.

Environment + Energy Leader | PassiveLogic Receives $15M Investment Enhancing Autonomous Building Controls

What is happening? Friends of the Land is a group of Bastrop County residents that oppose a large scale solar installation that they say will involve clear cutting trees, impacting a flood zone and wildlife. The solar project is a Chapter 313 economic development project that Friends of the Land says will guarantee 1 full-time permanent job.

Why is this important? The solar project will provide 216 megawatts of energy and serve as a battery storage project.

How will this be important? The 313 tax treatment application for the project was to Elgin ISD, which has yet to make a determination.

Austonia | Local green power project opposed by groups claiming it’s environmentally unfriendly

What is happening? The uses of drones continues to expand and laws may or may not be keeping up. This week we learn that Colorado authorities used drones to locate a golden retriever that ran off into the mountains after a car accident 3 months ago.

Why is this important? Some laws limit drones flying over private property, and may not allow for exceptions like looking for missing pets. How does your state law stack up? Can drones be sued to look for missing pets, even if those drones fly over private property?

How will this be important? Animal advocates will want to make sure that laws and ordinances in their area allow for looking for missing animals.

Daily Paws | Drone Helps Rescue ‘Miracle’ Golden Retriever Who Was Missing for 3 Months in Colorado Countryside

What is happening? UK Law Commission is exploring apply private property rights to digital assets.

Why is this important? “While the Commission considers the law of England and Wales sufficiently flexible to accommodate digital assets, it believes that certain aspects of the law need reform to ensure that digital assets benefit from consistent legal recognition and protection”

How will this be important? Adding digital assets into existing private property laws could be a roadmap for US jurisdictions.

UK Law Commission Launches Consultation on Digital Assets

What is happening? Landowners in Iowa are suing over pre-condemnation surveys saying that compensation should apply for entering land to survey under the wording of the constitution.

Why is this important? Stories abound of land damage from surveys.

How will this be important? Applying compensation requirements to surveying could alleviate some land owner concerns.

Iowa Capital Dispatch | Landowners say forced pipeline surveys are unconstitutional

What is happening? Miami Dade Mayor is considering landlord subsidies to help lower rental rates. The program was developed by large apartment operators and builders.

Why is this important? A total of $10 million in subsidies would be available for landlords from the program that would be funded in part with property-tax dollars.

How will this be important? Subsidies would amount to $167 a month for 4,500 apartments and rental homes within targeted rent ranges with tenants that would have rentals at reduce rents to “workforce” levels ($136,000 for a family of 4).

Governing | Miami-Dade Mayor Proposes Subsidies to Lower Rent Costs

What is happening? California legislators have agreed to prevent cities from mandating parking spots at new development projects within 1/2 mile of transit stations.” AB2097 (2022 | CA)

Why is this important? Its more limited than prohibiting new parking space requirements for all new construction.

How will this be important? A Government Accountability Office report says that adding parking spaces increases building costs. For affordable housing it can add $50,000 per unit.

Governing | Why California’s Parking Reform Matters for Housing and Climate

What is happening? The State Budget in Pennsylvania created the $125 million Whole-Home Repair Program that will offer grants of up to $50,000 for people to repair, improve and weatherize their homes. 

Why is this important? The program is for homeowners, tenants in a smaller building, and small landlords with a need for critical repair. There’s an income requirement for grant recipients.

How will this be important? PA has a Republican controlled Legislature and the program came from a self-described Democratic socialist lawmaker.

Route Fifty | State Lawmaker Discusses New $125M Program That Will Help Pay for Home Repairs

What is happening? We’re talking this week about a shortage of rentals so it seems like we should also talk about the best places to rent. 5 of the top 10 are in or around Austin, TX.

Why is this important? Everyone loves Austin. I love that everyone loves Austin. Think about it would you rather have a delicious tasty treat or a pile of poop?

How will this be important? The top 10 places to rent an apartment: Round Rock, Texas; Raleigh, North Carolina; Conroe, Texas; Greenville, South Carolina; Orlando, Florida; Jacksonville, Florida; Charlotte, North Carolina; Charleston, South Carolina; Atlanta; and Austin. 

Route Fifty | Best US Cities to Rent an Apartment