Land Use & Property Rights
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.
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.
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.
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.
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.
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:
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:
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 :
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.
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%
What is happening? Neighbors in Geneva, Switzerland get together and plan their edible gardens so that they can trade
Why is this important? Each house has a vegetable garden and fruit trees.
How will this be important? Diverse vegetation benefits the flora, fauna, air quality.
What is happening? Community Land Trusts are “mostly nonprofit organizations that operate within a specific neighborhood facing development pressure.”
Why is this important? When a community land trust owns the land it protects the land from being scooped up by developers and makes home purchasing more accessible.
How will this be important? In 2020, California set aside $500 Million to help community land trusts to buy houses in foreclosure sales and prevent developers from buying mass blocks of foreclosed properties at once. Los Angeles County has funded land trusts with $14 million.
And, in Texas, a 2021 bill assesses property taxes based on the affordability restrictions land trusts operate under, limiting their property tax obligations.
Route Fifty | Cities Support Community Land Trusts to Protect Affordable Housing
What is happening? Pennsylvania is considering a grant program for home owners and small landlords for property repairs that promote energy efficiency. SB 1135 ( 2022 | PA)
Why is this important? By addressing home repairs for energy efficiency, the state would lower energy usage (good for climate change advocates) and make efficient housing more affordable.
How will this be important? The legislation has bipartisan support- an appealing prospect in many state legislatures.
Route Fifty | The Lawmaker Pushing for a State Fund to Help Pay for Home Repairs
What is happening? In 2018 Minneapolis’ single family zoning ban turned the clock to pre-zoning where duplexes and triplexes are nearly indistinguishable from their single family home neighbors.
Why is this important? This helped address housing shortages, but permitting for these multi family units are not at the numbers some supporters would like.
How will this be important? Tracking the growth of multifamily development will track the housing market, but few think the zoning changes will address the racial disparities still at play.
Governing | How Important Was the Single-Family Zoning Ban in Minneapolis?
What is happening? Louisiana is considering repealing license requirements for some construction skilled labor when the homeowner works without a general contractor and has direct contact with the subcontractor. Supporters include The Louisiana Home Builders Association and the Louisiana Realtors Association
Why is this important? The exception to licensing would apply to “a specialty classification license to work directly for a homeowner rather than for a general contractor on projects that exceed $7,500. The licenses include pile driving, foundation work, framing, roofing and masonry/stucco. “
How will this be important? Let’s watch other jurisdictions follow suit.
What is happening? In Southern California some home owners are being incentivized to replace their grass. Xeriscaping chic. Turf. It’s 2022 there are options.
Why is this important? Drought it’s in a lot of headlines right now, including in Texas.
How will this be important? Some say drought will be an on-going issue, and perhaps that makes lawns an on-going issue.
L A Times | Did you tear out your lawn and replace it with drought-tolerant plants?
What is happening? The digital age has arrived for property appraisers. Welcome to the year 2022 from 1985. Johnson County, Missouri is using LIDAR, Google Maps, and digital photos to improve and streamline their appraisal process.
Why is this important? The County estimates going digital will save $2 million.
How will this be important? Every time an appraiser goes into the field it collects data digitally to be used in the future.
Route Fifty | Drive-by Property Appraisals Streamline Data Collection
What’s happening? Meet the The Rethinking Revenue initiative, a project with national planning association and municipal association. They say data supports changing land use regulations to allow for more municipal revenue.
Why is this important? Recommendations are to move away from traditional development practices, provide decision makers maps with revenue per acre, build up, and “Create regulation incentives that boost revenue-positive land uses.”
How will this be important? Recommend removing subsidies for unsustainable building practices.
Route Fifty | How Rethinking Land Use Can Boost Local Government Revenue
What is happening? Missouri Legislature for several sessions has been passing a bill to give county commissioners veto power of transmission lines. It stems from the Grain Belt line which will move renewable power through Missouri but will not service the state nor will the renewable power come from within Missouri.
Why is this important? This year a compromise has been reached. It includes:
How will this be important? Look to that compensation standard of 150% of fair market value to be on repeat in bill drafts everywhere.
What is happening? There is a kerfuffle involving affordable housing in Vail, Colorado. Sounds like a punch line for a joke, and yet it is not.
Why is this important? Vail Resorts owns land upon which it wants to build affordable housing for its work force. Vail City Council condemned the land to protect the big horn sheep. Cannot make this up.
How will this be important? Vail Resorts say the City Council oks ” high-end construction while trying to shut out affordable housing. “
What is happening? The City of Houston is changing nuisance law enforcement for bars, restaurants and night clubs by increasing violations from $1000 to $2000.
Why is this important? I located within 300 feet of a residence, the business will have to acquire a new commercial establishment permit for playing amplified sound, which can be heard outdoors after proposed hours: 10 pm Monday through Thursday, and 11 pm Fridays and Saturdays.
How will this be important? Changes have also been made to the administrative hearings and will include sound impact plan to mitigate loud noise
Culture Map Houston | City of Houston takes step to quiet noisiest neighborhood bars and clubs
What is happening? Land Trust of Virginia has seen double the number of conservation easements this year. 40 million acres nationwide are protected by conservation easement, of which about 20 million acres are under the care of land trusts.
Why is this important? Increased federal support for conserving land from development in the “30×30” campaign which seeks to conserve 30% of land and water by 2030. This campaign relies heavily on private conservation actions by private land owners.
How will this be important? The interplay between changes in urban zoning from single residence focus to multifamily AND more open land being protected from development by conservation easements.
Route Fifty | Private Lands Are the Next Battleground in State Conservation Policy
What is happening? U.S. vacation rental revenue is estimated to be $17.7B in 2023. The number of listings are also increasing to 1.3 million listings this year, up 20% from 2019.
Why is this important? The driver of this economic growth is owners with multiple units. It is estimated that short term rentals yield 30% more profit than long term leases.
How will this be important? There remains gaps in taxation collection, voluntary tax agreements are difficult to audit, and noise and trash issues are driven by local issues.
Route Fifty | 5 Things Local Governments Need to Know About Short-term Vacation Rentals
What is happening? Honolulu has a current ordinance that requires minimum stays of 30 days for AirBnB, a proposal would increase that minimum stay to 90 days
Why is this important? it is part of the ongoing struggle between the tourism industry and residents that support short term rentals.
How will this be important? The short term rental industry is pushing exceptions for disasters for health care workers and other aid workers. Others want exceptions for professional surfers and those supporting the professional surfing industry.
Honolulu’s new law would require a 90-day minimum for short-term rental stays
What is happening? There’s. Rom-Com about this type of business called the Holiday. Haven’t seen it, but all you need to know is that you swap homes for your holiday pr vacation depending on your preferred word choice. Meet Kindred. The App that brings your Holiday RomCom to life.
Why is this important? The target customer is someone who wants a long stay, Kindred is more affordable than an airbnb for 30+ days.
How will this be important? Hello, remote working, when you can work anywhere, why not test out living other places?
What is happening? Massachusetts Legislature is “cracking down” on dog leasing. This makes me want to scream “what is happening?!”
Why is this important? The MA Attorney General Office tells us that “dog leases that require monthly payments for users to keep the pet and often includes high finance charges”
How will this be important? Animal lovers are scrambling to figure out if dogs are being leased in their states.
What is happening? Special Districts are on the chopping block. A skeptical eye has always existed for special districts. Special Districts with really good tax breaks even more so, because that’s less state revenue. The leading narrative is because Disney spoke out against the “Don’t Say Gay” Bill. Free Speech does apply to corporations, especially considering Citizens United.
Why is this important? Florida Legislature is voting to remove the Reedy Creek Improvement District that allowed Disney to operate nearly freely of the state.
How will this be important? First Disney, next up any other business with a sweet tax deal situated in a very conservative state that likens these to corporate subsidies.
NYTimes | Disney to Lose Special Tax Status in Florida Amid ‘Don’t Say Gay’ Clash
What is happening? An Illinois county will use $40,000 of its American Rescue Plan funds to purchase doorbell cameras for the community.
Why is this important? Crime fighting 101. Law enforcement could access videos and residents can share real-time information about suspicious activity with police officers.
How will this be important? Ring has partnerships with 1,800 police departments and signed agreements with at least 350 fire departments.
Route Fifty | Police Look To Doorbell Cameras To Reduce Crime
What is happening? The lawyers who work for Volokh- “laws forcing private property owners to allow guns on their premises violate property rights and often qualify as takings requiring compensation under the Fifth Amendment”
Why is this important? The idea is that private property rights outweigh a person’s right to carry onto the private property of someone else.
How will this be important? They keep going and use the 2021 US Supreme Court case that found a taking occurred when union organizers were allowed by law to be on private property for certain number of hours per week. The US Supreme Court found that “a physical appropriation is a taking whether it is permanent or temporary.”
Reason | Article on “Gun Rights, Property Rights, and Takings”
What is happening? Tennessee is considering legislation, SB 1999 (2022 | TN) to extend the data retention requirement for license plate readers. Extending the length of time a law enforcement entity can hold license plate data from 90 days to 100 days.
Why is this important? A proposed amendment would preempt local regulation of license plate readers.
How will this be important? Bye bye local control
Nashville Scene | Legislation Could Prevent Nashville From Restricting License Plate Readers
What is happening? Mississippi Legislature passed HB 1769 (2022 | MS) an eminent domain bill that would prohibit the conveying of property to a private entity, and place the prohibition in the state constitution.
Why is this important? There are 8 exceptions: utilities, levee facilities, roads, bridges, ports, airports, common carriers, & drainage facilities
How will this be important? Some states have longer exception lists. Some states don’t put this in the constitution at all.
What is happening? A Minnesota lawmakers wants cities and counties to have an exception to state building code requirements so that cities can adapt more quickly of the building of large buildings.
Why is this important? Minneapolis leaders point to “ 71% of our carbon emissions come from our built environment, from buildings and the energy they use,”
How will this be important? Strong building codes help the climate
Energy News Network | Minnesota cities want permission to move faster than state on energy codes
What is happening? We’ve talked about building codes that are encouraging wood structures because the wood will clean air.
Why is this important? A 75 meter tall, 20 story building in Sweden is able to capture 9 million kilograms of CO2
How will this be important? According to a UN Environment report, building construction is 38 % of global energy-related carbon emissions in 2015
Euronews.green | Sweden’s innovative wooden skyscraper can capture 9 million kilograms of CO2
What is happening? A budget amendment in Iowa would prevent the Iowa Utilities Board from holding a hearing on certain eminent domain use cases, thereby preventing the use of eminent domain in those instances.
Why is this important? Stand alone legislation preventing eminent domain for carbon pipelines that would transport carbon through Iowa stalled.
How will this be important? Will this catch on for other issues- not allow courts to expend funds for certain suits.
What is happening? The FTC is considering a complaint against John Deere on the express prohibition of repairing your own John Deere tractor. “FTC chair Lina Khan announced last summer that her agency would be cracking down on John Deere and its competitors “with vigor.”’
Why is this important? Some states are also acting to ensure the right to repair extends to farm equipment.
How will this be important? All 5 FTC Commissioners support the right to repair.
Governing | Why Are Farmers Battling for the Right to Fix Their Own Tractors?
What is happening? Baltimore is trying to beat blight by allowing people to buy abandoned homes for $1. Baltimore has 15,000 vacant homes.
Why is this important? Baltimore did this in the 70s by selling abandoned properties for $1.
How will this be important? Baltimore is also using American Rescue Plan Act funds to fund costs for improving the properties.
Governing | Once Again, Baltimore Hopes to Fight Blight With $1 Homes
What is happening? Zero Energy Buildings have increased 350% since 2011. Today there are 150. An example of a Zero Energy Building is one that draws its heat from underground water sources, its electricity from solar panels, & has triple paned windows to track carbon dioxide and allow fresh air in.
Why is this important? Illinois state energy plan includes Zero Energy buildings as one of its many options.
How will this be important? These technologies, including electric heat pumps for water heaters, are most common in buildings, but geothermal and other Zero Energy Building tools are spreading to residential building.
Chicago Tribune via Governing | Zero-Energy Buildings Are the Future Structures of Illinois
What is happening? Cleveland has a program to recycle building materials into new buildings
Why is this important? The salvaging of building materials reduces landfill waste and this cuts methane
How will this be important? The program spurred nonprofits to assist in the salvaging of building materials
What is happening? Wise County Virginia is putting its land records on blockchain.
Why is this important? We’ve been chatting about how pest fraudulent title filings are mucking up electronic records. Blockchain increases the security of the records and provides for rapid certification by real estate professionals.
How will this be important? The local title offices are working with experts and universities as they build out their blockchain data bases, which is also leading to a strengthening of the work force.
What is happening? H.R. 7021 (117th Congress) will limit the term of a conservation easement to a maximum of 50 years.
Why is this important? The goal is protecting property property rights by stopping permanent land grabs
How will this be important? Supporters appear to prefer their easements to be “transparent, even-handed, and temporary while adequately compensating landowners and preventing them from being effectively deprived of the full fee simple value of their property.”
What is happening? Republican legislators in Iowa want to offer certainty to landowners in the path of a proposed carbon pipeline by requiring a 1 year moratorium on eminent domain.
Why is this important? The legislator made it clear that he is not anti-pipeline. The pipeline in question would move carbon through Iowa to other states to be sequestered.
How will this be important? Every time we deal with eminent domain, it is 2 competing constitutional rights. The right of a condemning entity to take land under certain circumstances and the protection the constitution affords to protect a land owners land from being taken.
Iowa Capital Dispatch | Bill switcheroo would delay eminent domain for pipelines
What is happening? Before my time, the US welcomed small businesses at home- like the porch salon or barber shop. Since we’re heading into the Roaring 20s, what’s old is new again. Meet the Accessory Commerical Unit, a compact small business space that is added to the lot of a residential property.
Why is this important? The goal is to make small business ownership more accessible and cities more livable.
How will this be important? Portland, New Orleans and Minneapolis allow Accessory Commerical Units. Raleigh, N.C., may amend its zoning code to allow all neighborhoods currently zoned residential to have them, with limits on number of employees and customer occupancy. “Under the proposal, ACUs could be used for offices, restaurants, and service-oriented businesses like hair salons.”
Market Urbanism Report via Governing | The Case for More Backyard Bodegas and Sidewalk Salons
What is happening? The Texas House Committee on Urban Affairs will study “the use of public-private partnerships and other tools to incentivize the development of housing that meets Texas’ expanding workforce demands.”
Why is this important? Let’s think about COVID times when cities, like Los Angeles, considered eminent domain to take property of hotels or apartment complexes to offer housing.
How will this be important? The opportunities for P3 partnership for housing are many.
What’s happening? The Texas House is going to study ” the effect of governmental land-use regulations and controls on the availability and affordability of residential housing in Texas, including land use and zoning restrictions and related factors that slow or hinder housing development and improvement”
Why is this important? Washington State was considering requiring local governments to permit zoning for townhomes, duplexes and quadplexes in previously zoned single family residential areas. HB 1782 (2021-2022 | WA)
How will this be important? Oregon passed a similar bill in 2019. California did so in 2021 with SB 9 and SB 10. Arizona is considering a bill in 2022.
What’s happening? Arkansas, Florida and Virginia, along with the District of Columbia, enacted legislation that provided funding for the cemeteries or created committees to study the preservation of cemeteries. Virginia House Bill 285 (2019).
Why is this important? Human dignity. Descendants could be contacted before cemeteries are disturbed.
How will this be important? New Hampshire’s SB 258 (2022 | NH) would require local government officials to provide reasonable access to records and sites to the descendants and descendant community to identify and examine the graves. Florida’s SB 1588 (2022 | FL) would “create a program within the state’s Division of Historical Resources to research and identify abandoned cemeteries, develop maintenance guidance and prioritize placement of historical markers for abandoned or lost African American cemeteries”
Route Fifty | Black Advocates Take Ownership of Ancestors’ History; Legislation Could Help
What is happening? New Pew Research Center data:
Why is this important? People wanted more space
How will this be important? Gallup tracks how people feel about the country. This result of R contingency thinking the pandemic created a divide could appear in Gallup numbers too.
What is happening? A wave of fraudulent property filings has led to local governments offering property title monitoring services for its residents.
Why is this important? Imposter paperwork filings have increased, and local governments are giving residents an opportunity to be notified when any change is made to their property and deed documents
How will this be important? FBI Internet Crime Complaint Center notes that real estate and rental markets had a 279% increase in lost funds from 2017 to 2020.
What’s happening? Iowa has a new private property rights group, Iowa Easement Team.
Why is this important? The group’s concern is the use of eminent domain for private gain by building a pipeline through Iowa.
How will this be important? Iowa Easement Team has hired a law firm and is working with landowners to make the process of protecting their private property rights less daunting.
Iowa Public Radio | Iowa landowners unite against use of eminent domain
Oskaloosa Herald | Landowners form group to fight pipeline eminent domain
What is happening? A woman who runs a business in her Lakeway, Texas home discovered her business shut down by the City of Lakeway. Allegedly after golfers complained that “they could hear and see children playing in her backyard”
Why is this important? A lawsuit asserts that the City of Lakeway’s use of zoning laws to stop a state-licensed home day care business is unconstitutional
How will this be important? Look, I can’t make this quote up, and it speaks volumes ““A former mayor’s desire to golf without seeing children’s toys outside any of the homes near the golf course does not defeat a single mother’s right to earn a living by caring for her neighbors’ children,” said IJ Attorney Jared McClain.
What is happening? Georgia Legislature is considering HB 1150 ( 2022 | GA) that would prohibit a farm from having nuisance complaints for farm work after a year of farming.
Why is this important? Environmentalists and small farms believe the protection is being used to shield bad animal husbandry practices in the meat industry.
How will this be important? It could be important for its harm to long standing private property rights. “What you’re saying is people who have long standing private property rights no longer have any ability to protect themselves from newly arriving animal operations or other types of agricultural operations,” said April Lipscomb of the Southern Environmental Law Center.
Lewistown Sentinal | Georgia right-to-farm bill again a question of whose rights
What is happening? the Virginia Legislature passed legislation to build a new professional sports area for the for the Washington Commanders
Why is this important? The legislation has the following elements:
How will this be important? There’s stadium competition from D.C. to the current location in MD
4Washington | Virginia State Legislature Passes Bills for Commanders Stadium Project
What’s happening? Washington State was considering requiring local governments to permit zoning for townhomes, duplexes and quadplexes in previously zoned single family residential areas. HB 1782 (2021-2022 | WA)
Why is this important? OR passed a similar bill in 2019. CA did so in 2021 with SB 9 and SB 10. AZ is considering a bill in 2022.
How will this be important? Sate politicians looking to take control away from local elected officials that they find disagreeable….sounds familiar.
Route Fifty | States Lawmakers are Taking On Housing Policy Once Left to Locals
What’s happening? Baltimore and Chicago both have a surplus of abandoned property that is in the city’s possession. Selling these properties has been a challenge.
Why is this important? Chicago has pieces of property for sale at $1 that they can’t get rid of during scavenger sales.
How will this be important? Chicago has mapped the abandoned properties by block with specifications so that potential buyers have easy access to the property stats. Other cities like Flint, Mohave been utilizing land banks for abandoned property. Cleveland, OH and Case Western Reserve Univeristy have also been working on cutting edge database of abandoned property to tackle the challenge.
Route Fifty | How Cities and Counties Are Dumping Abandoned Properties
What’s happening? There’s a proposed carbon pipeline in the midwest. It’s got the attention of Legislatures to see whether the use of eminent domain should be permitted.
Why is this important? Federal authority for pipelines has never extended eminent domain use for a carbon pipeline.
How will this be important? Will states clarify that carbon pipelines can be built within their boundaries with the use of eminent domain?
Reuters | U.S. carbon pipeline proposals trigger backlash over potential land seizures
What’s happening? VA wants to lure a professional football team and build a new stadium. The bill to effectuate this would not allow for the use of eminent domain. HB 1353 (2022 | VA)
Why is this important? news accounts of the taking of BIPOC neighborhoods to build stadiums are being identified by local governments across the country that want to build better relationships with their BIPOC residents.
How will this be important? Let’s watch and see if more development bills exclude eminent domain, which way will the winds blow?
What’s happening? Highlands Lake, Alabama is being challenged for its minimum home size of 1800 square feet.
Why is this important? Property rights activists say the ordinance is unconstitutional & not tied to any governmental purpose.
How will this be important? Other cities are having their minimum home sizes challenged because they prevent affordable housing from being built.
IJ.ORG | Public Interest Law Firm Calls on Highland Lake to End Ban on Small Homes
What is happening? Samsung announced a $17B plant in Williamson County, TX, 34 miles north of Austin. The plant includes $981 million in incentives.
Why is this important? Before construction begins, the land on which the future plant sits is being annexed by the City of Taylor.
How will this be important? Annexation and zoning is inextricably tied to economic development.
The Real Deal | Texas town annexes site of planned $17B Samsung plant
What’s happening? Flipping the script from the usual modus operandi, an oil and gas association in California called the LA ban on drilling an unjust taking of property without compensation.
Why is this important? Other local governmental entities will follow suit as the issue is also linked to health issues in BIPOC communities which are often located near urban oil and gas wells.
How will this be important? Let’s all watch how the issue of compensation is discussed. Goose and Gander and all that.
KXAN (Austin, TX) | Los Angeles City Council approves phaseout of oil drilling
What’s happening? A “first of its kind” research study with data available at Connecticut Zoning Atlas to show what zoning changes mean on a lot by lot basis. This isn’t survey information. The information is the actual impact to lots after zoning rules are enacted.
Why is this important? The impact to multi family housing occurs with public hearings where proposals are more likely to be rejected, minimum parking and maximum building height requirements, and prescriptions regarding lot size, lot coverage or floor-to-area ratio.
How will this be important? Can data from enacted zoning or building codes in your jurisdiction work to support your cause instead of relying on survey results…
Governing | Ending Single-Family Zoning Is Not a Stand-Alone Solution
What’s happening? Eminent Domain reform is a perennial issue in Iowa. This year is special there are ghost of new carbon capture pipelines being built which some say led to legislators hitting the pause button on eminent domain reform.
Why is this important? Let’s look at how they are talking about it. Here we go:
How will this be important? Economic Development reasons vs. eminent domain reform is a new hot ticket
Radio Iowa | Kaufmann tables 2022 discussion of eminent domain changes
Tristates Public Radio | Iowa lawmaker wants to address carbon pipelines & eminent domain
What is happening? Santa Monica, California is trying to correct for policies in the 1950s and 1960s that led to “the destruction of black and Latino communities via eminent domain to build the 10 freeway, “
Why is this important? Local Governments are looking for ways to correct past acts that impacted the housing and communities.
How will this be important? Santa Monica’s program will offer households or their descendants displaced by urban renewal projects in Santa Monica in the 1950s and 60s affordable housing.
What is happening? A debate in Iowa is revealing a call by some Republicans to establish different eminent domain standards for projects that move something through the state and for projects that directly impact the state. The goals seems to make projects like a pipeline or transmission line that moves on through would have a higher standard than an intrastate transmission line.
Why is this important? In Iowa, the Utilities Board approves the use of eminent domain.
How will this be important? Proposals suggest 70-75% land owner approval before eminent domain authority could be granted by the Utilities Board.
Radio Iowa | Representative drafting law to apply to Iowa carbon pipeline projects
What is happening? Corpus Christi Texas is following San Antonio and Galveston to regulate short term rentals.
Why is this important? The policy makers say it will protect private property rights by establishing a regulatory framework, including a limited registration fee of $50.
How will this be important? The Legislature in Texas has the reputation of preempting local ordinances.
What is happening? Property right advocates say that property owners should also be compensated for subjective value such as how long the property has been owned, ties to the community, emotional connections…the subjective value of the property.
Why is this important? The subjective ties are the same for all owners whether the property is a residence, small business or church.
How will this be important? The solution is a 10-15% add-on to the market value of the property to account for the subjective value.
Washington Times | Governments must pay owners more than ‘fair market value’ when seizing property
What is happening? A mechanic in Pasadena, TX wants to open his own shop. The City of Pasadena says that while another mechanic had a shop in the same space with only 5 parking spaces, the new mechanic will need 28 parking spaces.
Why is this important? Welcome, private property advocates who are challenging the constitutionality of the Pasadena ordinance.
How will this be important? What happens if this case makes it way to the Texas Supreme Court where it may impact larger Texas cities.
What is happening? In the ongoing litigation for whether a high speed rail project in Texas has the power of eminent domain, the State Attorney General Office offered an argument to the Texas Supreme Court that sides with landowners and the rules of grammar. The AG office says ““The rules of grammar confirm that the Respondents are not railroad companies,”
Why is this important? Some say the power of eminent domain is required to complete the project.
How will this be important? A ruling would guide other talked about rail projects in Texas.
What’s happening? California and Vermont both require residences to compost food waste. Vermont was first to the composting game and California’s law went into effect at the beginning of 2022, based on a 2016 bill.
Why is this important? To California, the concern was emissions (methane) from food waste. The State can also fine cities up to $10,000 for not complying. California’s 2025 goal is to cut organic waste in landfills by 75% from 2014 levels.
How will this be important? California will take the food waste and turn it into either (1) biogas or (2) compost. it “is the single easiest and fastest thing that every single person can do to affect climate change, ” according to Rachel Wagoner, director of the California Department of Resources Recycling and Recovery.
AP | California pushes composting to lower food waste emissions
What’s happening? Gentrification is happening or Redevelopment is happening. However you phrase it long time, legacy homeowners, can find their property taxes a burden as their property values soar.
Why is this important? Atlanta’s Mayor issued an Administrative Order for the Anti-Displacement Program that creates a $10M grant program to keep legacy home owners in their neighborhoods.
How will this be important? Atlanta’s program also includes a private donation fund, nonprofit Westside Future Fund . Detroit is also working to keep homeowners in their neighborhoods through a private donation nonprofit.
Route Fifty | A Unique Funding Program to Keep Homeowners in Hot Neighborhoods in Their Houses
What’s happening? Recipes are generally not copyright-able. Then food industry starlet comes up with a recipe that gets duplicated and put on magazines, and the questions about copyrights re-emerges or parts of a cookbook, including personal stories, get copied and added to a new cookbook by another author.
Why is this important? As a cook and they’ll tell you a recipe is only a guide, two cooks will make two completely different things from the same recipe.
How will this be important? As more industries embrace open source does that copyrighting fall out of vogue?
NYTimes | Who Owns a Recipe? A Plagiarism Claim Has Cookbook Authors Asking.
What’s happening? The Department of the Interior is renaming properties that have derogatory and offensive names. In the Interior Secretary’s Order, she created the Advisory Committee on Reconciliation in Place Names
Why is this important? In the announcement, the Department of Interior, noted a new task force that will identify and remove derogatory terms used in the names of public land features such as valleys and lakes, beginning with the word “squaw.”
How will this be important? The DOI wants public lands to be places to enjoy shared culture
What’s happening? OR passed a law that prohibits real estate agents from including love letters from prospective buyers with their offer to sellers.
Why is this important? A law suit says the law infringes on the free speech of buyers who should be able to share their passion and story with a seller. The goal of the legislation was to “help a seller avoid selecting a buyer based on the buyer’s race, color, religion, sex, sexual orientation, national origin, marital status or familial status.”
How will this be important? Some say discrimination issues are already covered in the law. Some task forces are recommending additional action, like in OR to counter discrimination.
What is happening? Calhoun Georgia is prohibiting the construction of homes smaller than 1150 square feet.
Why is this important? Opponents to the ban says the town adopted the ban to artificially inflate property values.
How will this be important? A lawsuit challenged whether this ban is constitutional
What’s happening? The Texas Attorney General will answer whether there is a conflict in statutes concerning what is in the scope of practice for a land surveyor.
Why is this important? THE BORDER! Yes, madness at the Texas-Mexico border where licensed engineers may be overstepping into the specific practice of land surveying… queue the dramatic music.
How will this be important? Attorney General Opinions often are a road map to how to draft legislation or a good source for the arguments for and against certain issues.
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