Land Use & Property Rights

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

What is happening? The need for apartment housing exceeds the U.S. supply of apartment housing by 600,000.

Why is this important? The National Multifamily Housing Council and the National Apartment Association research indicates that the nation needs 3.7 million new units by 2035 to meet demand.

How will this be important? Industry says it is local government regulations like zoning, land use, height limits, off-street parking requirements and permitting delays,  fast-track permitting, discounts on the purchase of public land, zoning for denser development, investing in utility and sewage infrastructure for infill projects,  legalize high-density apartment construction near transit stations.

Route Fifty | The US Needs Millions More Apartment Homes. What Can Localities Do to Help Boost Supply?

What is happening? Briefs are coming in hot for the US Supreme Court to hear the 5th Circuits case that said there is no timeline for governmental entities to pay just compensation in eminent domain.

Why is this important? Courts are split. Property Rights advocates say 5th and 14th amendments effectuate the right to timely compensation and federal courts are empowered to enforce that civil right.

How will this be important? How many states are going to put in timelines now? A lot….because who knew property has been taken and funds withheld.

BRIEF OF AMICUS CURIAE OWNERS’ COUNSEL OF AMERICA IN SUPPORT OF PETITIONERS ARIYAN, INC., DBA DISCOUNT CORNER, et al.

What is happening? The NY Times published an article about how a college professor who studies housing discrimination had his house appraised and received an appraisal of $472,000. This Black professor then asked a white professor to stand in as the home owner and he removed anything from the home that indicated that a resident was Black. The new appraisal? $750,000.

Why is this important? Maybe I take this one personal, because appraisals differ if I am the person present or my spouse is, for the same reason, the difference in our skin tones. This is ridiculous.

How will this be important? There’s pending litigation in this instance, but there is a systemic problem if we cannot value inanimate objects without bias against the owners.

@nytimes

What is happening? A court in Singapore determined that NFT owners do have property rights because  Singapore’s highest court “recognized NFTs as protectable digital assets and a form of legal property.”

Why is this important? NFTs are new. Ownership of decentralized ledgers is new. Laws and Regulations are slow to catch up.

How will this be important? Policy makers will start defining what NFTs are and whether and how the property rights attach.

Wiley Connect | Property Rights in NFTs Are in the Spotlight

What is happening? A report by Galaxy Digital Research says there are no ownership rights in an NFT.

Why is this important? The report says ownership of NFTs could be established by improving “the on-chain representation and transfer of intellectual property rights from NFT issuers to NFT token holders.”

How will this be important?  World of Women, a NFT collection, tries to get to this by creating “a governance structure in which the copyright of each WoW NFT ‘runs with’ the NFT, such that whoever owns the NFT owns the copyright.”

Business Standard | NFT owners have zero ownership of their digital arts, says Report

What is happening? Boise, Idaho suburb, Meridian, permits RVs and tiny homes to be parked on a property owners land, but does not allow anyone to live in the tiny home.

Why is this important? Being priced out of Boise, a woman bought a tiny home and reached an agreement with a property owner to park on his property for $600/mo. Meridian, Idaho Code Enforcers then began fines of $1000 per day.

How will this be important? Housing affordability is on the tip of everyone’s tongue.

IJ.org | Meridian, Idaho Tiny Homes

What is happening? A County Court in Iowa has ordered a Carbon Pipeline to publicly name the property owners that could face eminent domain.

Why is this important? Supporters of the release of names said property owners should be able to talk to each other.

How will this be important? The Iowa judge relied on Iowa’s Open Records Law to release the names.

KCCI 8 Des Moines | Summit Carbon ordered to release names in eminent domain case

What is happening? North Lake Tahoe is offering property owners up to $24,000 to rent to locals to help house seasonal workers.

Why is this important? A Tahoe Prosperity Center survey showed that 73% of locals agree the lack of housing for the local workforce is the greatest threat to the quality of life in North Tahoe.

How will this be important? 65% of the houses at North Tahoe are second homes that sit empty for the majority of the year. Under the “lease to Locals” program, ” Homeowners earn $2,500 per tenant for a lease that’s at least five months long, and $6,000 per tenant for long-term leases of 12 months or more. The highest $24,000 grants are reserved for homeowners who house four employees with a 12-month lease. “

SF Gate | ‘Desperate’ to unlock housing, Tahoe program pays $24,000 to homeowners who rent to locals

What is happening? 43 states allow property sales to occur remotely. Mortgage lenders are pushing the other states to come on board.

Why is this important? The states that have not provided for remote property closings are California, Connecticut, Georgia, Mississippi, South Carolina, Delaware, Massachusetts and Washington D.C.

How will this be important? Mortgage lenders blame a lack of legal innovation. Federally the  Secure Notarization Act, which would allow notaries nationwide to perform remote online notarization has passed the House and is awaiting action in the Senate.

Wall Street Journal | Virtual Real-Estate Closings Go Mainstream, but Some States Hold Out

What is happening? RCF Connects, a nonprofit in Richmond California, is snapping up blighted properties and rebuilding them as all electric homes with solar panels and backup storage.

Why is this important? When completed, the homes will be offered to first-time home ownership among the city’s Black and brown residents. The program is funded in part by a grant from the California Energy Commission.

How will this be important? In exchange for the affordable first time home, the home buyer will “enjoy low energy bills and access to electricity during an outage — they’ll also be helping to relieve California’s congested power grid, and even be able to make money doing it. That’s because the house will be part of a new “virtual power plant”.”

Route Fifty | The Plan to Turn Blighted Houses into a New Source of Green Power for the Grid

What is happening? Sens. Jacky Rosen, D-Nev., John Boozman, R-Ark., and Richard Blumenthal, D-Conn. are authoring the Drone Infrastructure Act to fund $100 Million program for drones to inspect infrastructure.

Why is this important? The $100 M will fund workforce programs to support the next generation of inspectors who will use drones to inspect infrastructure.

How will this be important? There’s a companion bill in the House.

Route Fifty | Bill Would Offer Grants to Boost Use of Drones to Inspect Infrastructure

What is happening? Florida Governor signed HB 1059 (FL | 2021) that requires local jurisdictions to post online not only their permitting processes but also the status of permit application.

Why is this important? The bill is said to strongly incentivizes cities and counties to approve new home permits in a timely way

How will this be important? If cities fail to approve permits timely manner there are fines.

Washington Post | Opinion  Florida started penalizing bureaucratic delay. Housing permits spiked.

What is happening? Los Angeles has new distance requirements for homeless encampments that keep encampments away from schools.

Why is this important? Distance requirements exist in multiple land use areas- for alcohol sales, sexually oriented businesses, and short term rentals.

How will this be important? Will other localities adopt distance requirements for homeless encampments?

Los Angeles Times | L.A. cracks down on homeless encampments

What is happening? 20 million Americans live in mobile homes. That is more than all of public housing and federally subsidized rental housing combined.

Why is this important? Urban Planning inning Scholars are saying that mobile homes are a viable solution for affordable housing. “California Gov. Gavin Newsom has called for increasing state funding to preserve manufactured housing parks as affordable housing. The U.S. Department of Energy recently adopted more ambitious efficiency standards to reduce energy costs for residents of manufactured housing.”

How will this be important? “Private equity investors, pension funds and sovereign wealth funds are buying up manufactured housing parks, which they view as reliably profitable investments. ” Watch the pieces fit together.

Governing | Can Mobile Homes Help Solve Our Affordable Housing Dilemma?

What is happening? Parking fees $30+, restricted private beach access, and a lack of transit access to beaches is limiting beach access to open beaches

Why is this important? The regulations are limiting beach access for low income persons and reinforcing segregation and racial inequality. 

How will this be important? In 2022, lawmakers in Connecticut and Massachusetts tried unsuccessfully to pass legislation to make beaches in their states more accessible. Raised Bill 5254 (2022 |CT) barring local governments that receive state transportation aid from restricting parking near public beaches & Raised Bill 5361 (2022 | CT) would cap parking fees.

Governing | Beach Battles: Lawmakers Pushed to Increase Public Shoreline Access

What is happening? There is a 3.8 million home shortage to meet the U.S.’s housing needs. 47 states and Washington, D.C. are experiencing an increase in the “underproduction” of homes. 170 metro areas struggling with housing underproduction.

Why is this important? It is moving more people to live together, reducing the number of households.

How will this be important? The states most impacted are:

1. California, 978,000
2. Texas, 322,000 
3. Florida, 289,000 
4. New York, 234,000 
5. Washington, 140,000 
6. New Jersey, 137,000
7. Colorado, 127,000 
8. Arizona, 123,000 
9. Illinois, 120,000 
10. Georgia, 118,000 

Route Fifty | States With the Greatest Housing Shortages

What is happening? 1/4 of homes sold in 2021 were bought by investors. From January through May 2022, 22% of all homes were sold to investors.

Why is this important? This is said to drive up the cost of rent for suburban dwellers thereby adding to housing affordability issues.

How will this be important? Some states led in investor purchases and will impact affordability. Investors bought 1/3 of single-family homes sold in Georgia (33%) last year, with Arizona (31 %), Nevada (30%), California and Texas (both 29%).

Governing | Investors Bought a Quarter of Homes Sold Last Year, Driving Up Rents

What is happening? The US Supreme Court may take up a 5th Circuit case that asks whether there is a deadline for a local governmental entity to pay just compensation.

Why is this important? The 5th Circuit said there is nothing that prevents the local government from just not paying for a very long time & courts have no tools to offer recourse.

How will this be important? The fundamental issue is whether if parties reach an agreement on compensation, or a court reaches a finding on just compensation, is there an enforcement mechanism to ensure that property owners are paid just compensation.

PETITION FOR WRIT OF CERTIORARI | ARIYAN, INCORPORATED, doing business as Discount Corner, et al. v. SEWERAGE & WATER BOARD OF NEW ORLEANS

What is happening? Federal funds are being allocated to help communities that were divided when eminent domain was used to build the interstate system, and did so by separating neighborhoods of color.

Why is this important? In Minnesota, Interstate 94 split in half the historic African American community of Rondo. This directly impacted 700 homes and 300 businesses, and in today’s property and business value of $157 million

How will this be important? The U.S. Department of Transportation, between the 1950s and 1970s, more than 475,000 homes were destroyed and more than one million people displaced during the construction of tens of thousands of miles of interstate highways

Denver 7 | Interstate-divided neighborhoods look to be made whole with federal funding

WCPO 9 | Interstate-divided neighborhoods look to be made whole with federal funding

What is happening? Rhode Island became the 50th state to allow for the sale of cottage foods.

Why is this important? It is being touted as a pathway to entrepreneurship 

How will this be important? Cottage foods, food trucks, access to unpasteurized milk… lots of access to food and food entrepreneurship issues

IJ.COM | Rhode Island Becomes Final State to Allow All Residents to Sell Cottage Foods

What is happening? Page County Iowa is selecting its Compensation Commission. In Iowa the Compensation Commission members are pulled from a list of 28 that includes 1/4 members that are owner or operators of ag property, 1/4 that are owners of city property, 1/4 that are licensed real estate persons or brokers, and 1/4 that are people with knowledge of property value such as bankers and auctioneers.

Why is this important? The members then view the land to be condemned and assess the damages.

How will this be important? Condemners and property owners then have 30 days to appeal the value.

KMA Land | Page County officials seek individuals for condemnation compensation commission

What is happening? Meet Putting Assets to Work Incubator. The brain child of a former Utah Congressman who previously served as mayor to Salt Lake City and noticed city and county property going unused.

Why is this important? The goal is to “help local governments identify underused public assets that could be ripe for private investment.”

How will this be important? The incubator is a collaboration between  the Sorenson Impact Center of the University of Utah’s business school, the Government Finance Officers Association, the consulting firm Urban3 and the Lincoln Institute of Land Policy.

Route Fifty | Localities Look To an Untapped ‘Goldmine’ of Potential Revenue

What is happening? Cities are considering ways to stop institutional investors snapping up single family homes. In the 4th Quarter of 2021, “institutional investors spent approximately $50 billion to buy more than 80,000 homes—18.4% of all homes purchased in the U.S. and nearly 75% of them single-family homes.”

Why is this important? Access to affordable housing is common conversation to both the right and the left. In Atlanta, investors last year bought 32.7% of all homes for sale. “The number of new single-family homes built as rentals increased by 16% last year, according to the National Association of Home Builders.”

How will this be important? College Park, GA, a town with 75% of its residents renting homes, turned away building plans for more homes to rent telling the builder that the city isn’t interested in that. Greater Cincinnati Redevelopment Authority issued bonds to buy up homes from institutional investors. Atlanta wants to ” place limits on how much real estate institutional investors may purchase.”

Route Fifty | Governments Begin Pushing Back on Investors Snatching Up Homes

What is happening? The federal government is launching a $1Billion initiative to reconnect neighborhoods that were divided by infrastructure like roads, train lines and bridges.

Why is this important? We’ve talked about how historic infrastructure decisions displaced Black and Brown communities and divided communities. For those of us in Austin, think of what I-35 did to East Austin back in its day.

How will this be important? The funding will be available for “better bus and rail service; pedestrian walkways over or under existing highways; parks on top of capped highways; linear parks and trails for biking and walking; commercial corridor revitalization; roadway redesigns; and “complete streets” conversions to accommodate people using different modes of transportation.”

Route Fifty | Feds Launch $1B Initiative to Rework Infrastructure That Cut Apart Cities

What is happening? Denver, Co passed a gun ordinance that Republican Douglas County Commissioner doesn’t like so the County is proposing to use eminent domain to seize Daniels Park, a nearly 1,000-acre open space near Castle Pines, that is maintained by the Denver Parks and Recreation.

Why is this important? Different levels of government can use eminent domain against property owned by other levels of government.

How will this be important? Here’s where things get tricky- Daniels Park is estimated to be valued at $800 millions and the county’s entire budget is $550 million.

9 News | Denver mayor responds to Dougco commissioner’s eminent domain threat

What is happening? Alaska has labor shortages. To address this Alaska employers are building housing for its employees.

Why is this important? Employees have a difficult finding housing in Alaska’s tight real estate and rental market.

How will this be important? Alaska isn’t alone. Colorado employers in resort towns are doing this too.

Governing | To Combat Labor Shortage, Some Alaska Employers Build Housing

What is happening? Portland Maine is urging the State of Maine to create a statewide homeless, unhoused, Taskforce. They Taskforce would include elected officials and staff from local, state and federal government, non-governmental organizations, members of the legal community, real estate developers and others.

Why is this important? Homelessness is a statewide issue.

How will this be important? In addition to the task force, the State should:

• revise General Assistance law
• establish a state resettlement office
• create a statewide emergency shelter system
• address other issues that impact homeless people

Governing | Portland Approves $269M Budget, Homelessness Task Force

What is happening? Massachusetts Senate passed S2030 (2022 | MA) that creates a 5 year moratorium on building new jails. The bill was added to a government infrastructure bill.

Why is this important? Supporters say it is fiscally beneficial, and supports alternative rehabilitation programs.

How will this be important? The state has a goal of not incarcerating nonviolent offenders.

Governing | Massachusetts Senate Passes Ban on Building Prisons, Jails

What is happening? Grass roots group in Corsicana Texas do not want a bitcoin miner in their backyard. They are concerned about their already frail infrastructure and a concern of increasing electricity costs supported by a UC Berkeley study and comments from the Texas Blockchain Council that no company can guarantee rates won’t increase.

Why is this important? One of the world’s largest bitcoin mining centers is being built near Corsicana by  Riot Blockchain. The 256 acres of its property is located at the end of a high-voltage transmission line — known as a switch — that will supply the electricity needed to mine for digital currency. They also have access to water to cool their facility.

How will this be important? “the facility will have a maximum capacity of 1 gigawatt, enough electricity to power 300,000 to 1 million homes in the U.S. That’s over 30% bigger than Riot’s capacity at its existing facility about two hours away in Rockdale.”

Dallas Morning News | ‘We do not want this’: Corsicana group protests Riot Blockchain’s Bitcoin mining facility

What is happening? Tucson, AZ is considering building code changes to support EV adoption.

Why is this important? The new EV building code would require :

• “Developments featuring retail stores, bars, food service, entertainment and personal and technical services with 100 or more parking spaces would be required to install EV charging stations providing service within 6 feet of at least 5 percent of their parking spaces, while another 5 percent of spaces would be required to have “EV Ready” plug-in outlets.”
• “require new commercial property developments to include minimum EV infrastructure ranging from EV-capable prewiring to EV charging stations, depending on each development’s intended land use.”
• ” developments with fewer than 100 required parking spaces would be exempt from the EV equipment requirements”
• Apartment and other multifamily housing developments and hotels would be required to install EV-ready power outlets accessible to at least 10 percent of their parking spaces and make 15 percent of their spaces “EV Capable”
• new commercial developments for administrative and professional, medical and research and development uses would have to be 5 percent EV-ready and 15 percent EV-capable.

How will this be important? The goal is equitable placement of chargers throughout the city

Governing | Are Tucson’s Proposed Electric Vehicle Rules Too Aggressive?

What is happening? Permanent Land use rules in Oregon are expected to eliminate parking space requirements for the largest 8 cities.

Why is this important? The goals of not requiring parking space minimums for homes and businesses are to address climate change, encouraging compact, climate-friendly communities, and “address severe housing shortages by making it easier, safer and more affordable to live and work without a car.”

How will this be important? Mortgage Bankers Association did a study on parking spaces and found that parking spaces outnumber homes 27 to 1 in Jackson, Wyoming; in Seattle, there are 13 people per acre and 29 parking spaces per acre; and Des Moines, Iowa, has 83,141 households and 1.6 million parking spots.

Governing | Less Parking Could Mean More Housing

What is happening? Studios are back, baby! As in studio apartments, single room occupancy (SRO) spaces.

Why is this important? Some see SROs as a way back to affordable living. There are SROs that are so small that a normal height person can stand and touch 2 opposing walls.

How will this be important? Philadelphia is considering  legalize single-room residences in all multifamily and commercial zoning districts. Minneapolis is considering it in its zoning reforms. San Francisco is protecting its remaining SROs.

Governing | SRO Housing, Nearly Zoned Out of Existence, Could Re-Emerge

What is happening? Ohio is looking to improve compensation and access to inverse condemnation claims. HB 698 (2022 | OH)

Why is this important? The bill penalizes coercive action by a condemning entity and awards attorney fees to land owners.

How will this be important? The bill waives sovereign immunity. Bye bye to bully tactics?

Highland County Press | Eminent domain reform bill introduced to protect landowners

What is happening? Researchers at Florida Atlantic University and Florida International University say 15 housing markets are overvalued by at least 50%. Boise, Idaho — 72.6%
Austin, Texas —  67.70%
Ogden, Utah — 64.73%
Las Vegas —  61.48%
Atlanta — 58.01%
Phoenix — 57.94%
Provo, Utah — 57.02%
Fort Myers, Florida — 56.26%
Spokane, Washington — 56.25%
Charlotte —  55.25%
Lakeland, Florida — 53.22%
Tampa — 52.41%
Raleigh, North Carolina — 51.70%
Detroit — 51.16%

Why is this important? Increasing interest rates and improved construction policies for affordable housing are said to ease the issue.

How will this be important? The issue will be whether policies change that impact the values or whether the market maintains- there was a time when the Bay Area in California was thought to have overvalued homes and those have held.

Route Fifty | 15 US Cities Have Housing Markets Overvalued by More Than 50%