Land Use & Property Rights
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.
What is happening? Los Angeles is trying to stop speculative purchases of residential property by private equity firms and high tech corporations
Why is this important? The City Council wants to address what they say is a catalyst to the already rapidly rising housing prices. The speculative purchases only further rises prices.
How will this be important? Couple this will recent reports of Zillow over buying and being unable to sell their speculative purchases.
Vice | LA Wants to Ban iBuyers, Private Equity Firms From Profiting off Housing
What is happening? Crystal Falls HOA in Leander Texas is adopting portable camera and radar system to catch speeders and levy fines up to $334.
Why is this important? The HOA is acting like law enforcement and imposing fines on private roads.
How will this be important? The City of Leander is trying to determine with radar enforcement cameras are permitted to be used by HOAs.
KXAN | Leander HOA to start ‘ticketing’ speeders — does that go too far?
What’s happening? Texas Attorney General Opinion KP-0389 answers a question from the Chambers County Auditor. The auditor wants know whether whether the Trinity Bay Conservation District board of directors possesses the authority to change the directors’ terms of office from two to four years
Why is this important? In clear terms about the Water Code, the AG Opinion says that Water Code “section 49.103 not only establishes a four-year term for directors in subsection (a) but also includes its own choice-of-conflicting-law provision in subsection (e), resolving any conflict with prior statutory enactments about director terms”
How will this be important? Watch your Water Board and Conservation Boards for statutory compliance.
What’s happening? A crypto mining application in Pitt County, NC was withdrawn after community opposition. The opposition: Equity & Noise.
Why is this important? Community was concerned about : added noise from high powered fans that will required by the data miners, that the area was selected because “of its high proportion of poor and marginalized residents” & proximity to neighborhoods and a school.
How will this be important? The crypto miners pulled their application even though they would fully comply with all applicable noise ordinances. A similar pulled application occurred in nearby Ashboro.
News & observer | Minnesota company withdraws Pitt County crypto proposal due to community concerns
What is happening? Maine voters passed a right to food proposition that will “give small producers and indeed all individuals the “right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being.”
Why is this important? Maine is the 1st state with a Right to Food. And it was pretty popular passing with more than 60%.
How will this be important? The courts will determine what the rules of the game are and how it proceeds in other states that are considering a Right to Food amendment. Opposition in Maine included: Maine Farm Bureau, the Maine Potato Board, the Maine Grocers and Food Producers Association, the Maine Veterinary Medical Association and the Maine Municipal Association
AgriPulse | What does Maine’s ‘right to food’ amendment mean for ag? The courts will decide
Successful Farming | VOTERS TO DECIDE CONSTITUTIONAL ‘RIGHT TO FOOD’ IN MAINE
What is happening? NewVue Liabilities to Assets pilot program will support “the purchase and rehabilitation of primarily one- and two-family properties that have been vacant for at least three years at the time of development and have a negative impact on the surrounding neighborhood.”
Why is this important? Blighted properties are turned into fully rehabilitated, energy-efficient single-family home while preserving the character of the neighborhood. Purchasers will have to live in the home for 7 years.
How will this be important? Retaining character of the community, without gentrification could be fascinating.
Gardner News | Program aimed at boosting home ownership in the downtown area kicks off in Gardner
What’s happening? Washington and Virginia recently enacted laws to discourage armoring structures and promote “living” shorelines. Washington State also prohibits property owners from repairing or replacing their seawalls except as a last resort and included compromise language from the state builder association, Building Industry Association of Washington.
Why is this important? Seawalls tend to move the problem of erosion down past the wall, and if seawalls degrade then they can harm the marine environment.
How will this be important? With water levels rising, how will property owners be able to protect their property?
Route Fifty | Coastal States Seek to Limit Seawall Construction
What’s happening? Colorado overturned its state preemption on 2nd amendment laws.
Why is this important? Colorado became the 1st to overturn preemption and 1 of 8 states that allow local governments to pass stricter ordinances on firearms laws.
How will this be important? Does overturning preemption feed into other preemptions, which have been on trend for the last decade.
Stateline.org via Govenring | Colorado Overturns Preemption Law; Other States May Follow
What’s happening? Miami Beach has determined the best way to preserve its transportation infrastructure is to elevate its roadways. Some property owners near elevated roadways are suing because floodwaters made their property unusable as short term rentals.
Why is this important? Property owners allege that repeated flooding will make the property inhabitable. The initial flooding has kept the properties from being listed as short term rentals.
How will this be important? Some property owners have seen formerly street level property, prior to roadway elevation, be reclassified as basement property and thus outside the purview of insurance policies.
Miami Herald via Governing | Miami Beach Lifts Roads Due to Sea Rise, Floods Nearby Homes
What’s happening? I had no idea there were formalized agreements on private property rights and space. There are and they’re entitled, respectively, Treaty On Principles Governing The Activities Of States In The Exploration And Use Of Outer Space, Including The Moon And Other Celestial Bodies, aka the Outer Space Treaty of 1967 (OST) & the Artemis Accords (Accords), an inter-agency agreement adopted by NASA and its partners as part of the Artemis Moon program.
Why is this important? We’ve been talking about property rights when space junk lands. States are tackling the issue when space junk lands within a state
How will this be important? Space and space travel has been privatized. The laws are coming next.
The Space Review | Is outer space a de jure common-pool resource?
What’s happening? Duluth, MN is adopting new policies for rentals:
Why is this important? The policies are to be a middle ground between those who want to preserve their neighborhoods and those who want to capitalize on tourist income
How will this be important? Balancing these to interests is at the heart of most dialog on the issue, so let’s see how it plays out
Star Tribune | Duluth expands short-term, full-time vacation rentals
What’s happening? Maine has a ballot proposition on the right to food. Supporters say it ensures the right to grow vegetables and raise livestock in an era when corporatization threatens local ownership of the food supply. Opponents say it endangers animals and the food supply.
Why is this important? The brainchild of this proposition is a Republican who calls it the 2nd amendment for food.
How will this be important? Supports sy this is basic common sense to have gardens and “to make sure the government can’t stop people from doing things like saving and exchanging seeds, as long as they don’t violate public or property rights. “
VOA | Is There a Constitutional Right to Food? Mainers to Decide
What’s happening? The US Restaurant Association wrote to the U.S. Conference of Mayors that extending waivers for outdoor dining is necessary for the industry’s survival.
Why is this important? Land Use. Sidewalks and Parking lots are what’s being utilized for outdoor dining. Plus, 2/3 of restaurants who applied received no funding from the Restaurant Revitalization Fund
How will this be important? The restaurant industry numbers show:
Route Fifty | Restaurants Urge Mayors to Extend Outdoor Dining Through Winter
What’s happening? Telluride Colorado has 2 ballot propositions this fall. (1) limits the number of short term rentals to 400 and implement a lottery system for permits. (2) cap and freeze licenses for two years and double short-term rental business license fees.
Why is this important? Tourist towns are grappling with a lack of affordable housing and high numbers of short term rentals.
How will this be important? Both sides argue property rights. One says being able to offer short term rentals in my property is the highest and best use of my property. The other side says I am protecting my property rights and property value by keeping the neighborhoods clear of short term rentals.
Telluride Daily Planet | Short-term rentals ballot questions discussed
What’s happening? Winter Park is participating in “Short-Term Fix” (winter Park) that offers homeowners up to $20,000 for converting their Winter Park vacation homes to housing for locals. Breckenridge is participating in “Lease to Locals” offers short-term rental owners up to $27,000 if they ink a year-long lease with local workers.
Why is this important? Other localities are considering raising taxes on short term rentals or imposing fees on property owners who don’t live in their homes full-time.
How will this be important? It is a national issue. Tourist communities are facing housing and labor crunches.
What’s happening? Gallup released polling about whether American like their 3 branches of government. Surprise! not so much. 43% like the President. 27% like Congress. 2/5 like the Supreme Court.
Why is this important? When the Supreme Court issued its Kelo decision on Eminent Domain in 2005, its approval tanked to the low level it is now.
How will this be important? People are paying attention to social justice, populist issues like is the big guy (government) taking land from he little guy. Cities and states are returning land and creating commissions to study how to correct for prior governmental acts that displaced minority communities.
Fulcrum | Americans have negative views of all three branches of government
What is happening? The Texas Supreme Court has granted a re-hearing to determine whether a high speed rial project in texas qualifies to use the power of eminent domain.
Why is this important? Oral arguments are set to take place on Jan. 11, 2022. The trial court said no eminent domain. The appeals court said yes. So anything can happen.
How will this be important? The case impacts not only the pending high speed rail between Dallas and Houston but additional high speed rail proposals on the I35 corridor from Dallas to Austin to San Antonio
What’s happening? California is building the world’s largest wildlife bridge over the 101.
Why is this important? The 200-foot-long, 165-foot-wide wildlife bridge will provide passage for a nearly extinct mountain lion.
How will this be important? The project is large ins cope and will be a partnership involving Caltrans and the National Wildlife Federation, which has raised more than $72 million for the project.
Bend BUlliten | California expected to break ground on world’s largest wildlife bridge
What is happening? Fredericksburg Texas wants to limit short term rentals, which officials say account for 30% of the properties in the historic district.
Why is this important? The hot topic: current city requirements are for only 1 parking space, but some large homes sleep 16 people. Lot of cars, small town.
How will this be important? Short term rental supporters are relying on the economic impact of short term rentals on everything from landscaping companies to plumbers.
KXAN | Why more than 400 Fredericksburg short-term rental owners are opposing city ordinance changes
What’s happening? Los Angeles is creating a cultural easement to grant priority access to parklands for indigenous ceremonies easier.
Why is this important? The City is acknowledging the taking of land from indigenous peoples.
How will this be important? Social Justice issues, such as the treatment of indigenous populations is growing. Local governmental entities will look to find ways to address these issues as a way to acknowledge past actions that impacted indigenous people.
What’s happening? Colorado has a new agricoltaic facility. Meet Jack’s Solar Garden in Boulder County. Its 4 acres covered with solar panels with crops growing beneath.
Why is this important? More biodiversity, and growing crops with less water. The panels can generate enough electricity to power 300 homes & the land underneath can grow carrots, kale, tomatoes, garlic, beets, radishes, lettuce
How will this be important? Scientists are considering covering canals with solar panels to generate electricity and to limit evaporation.
Wired | Growing Crops Under Solar Panels? Now There’s a Bright Idea
What’s happening? Add Norcol to the list of communities that are banning short term rentals from their communities.
Why is this important? Temecula, Chino Hills and Costa Mesa have all previously banned short term rentals
How will this be important? The winning argument was promoting quality of life by banning short term rentals. For these communities quality of life trumps property rights.
Press Enterprise | Norco bans short-term rentals such as Airbnb
What’s happening? Oregon passed SB76 (2021 | OR) a $200 million wildfire prevention bill that calls for home hardening measures plus firefighting capacity, expanded forest management plans and clean air shelters
Why is this important? Home hardening regulations are targeting the wildland-urban interface. This will include clearing flammable brush from the “home ignition zone”
How will this be important? Its going to be a process in Oregon and could be a learning tool for other states as Oregon begins mapping fire vulnerabilities to determine where home hardening may be required.
Builder | OREGON PASSES WILDFIRE BILL TO PROTECT HOMES FROM FUTURE DESTRUCTION
NPR | Oregon Has A New Plan To Protect Homes From Wildfire. Homebuilders Are Pushing Back
What is happening? The Asphalt Art Initiative has extended grants to 6 US cities to improve blighted areas through asphalt art.
Why is this important? Qualifying projects must improve safety, revitalize public spaces and engage local communities
How will this be important? “Asphalt art projects help cities reclaim public spaces, make them brighter and safer and build community–all-important goals, especially amid the continuing hardships of the pandemic,” said Michael R. Bloomberg, founder of Bloomberg Philanthropies
Route Fifty | 26 Cities Awarded Arts Grants to Transform Blighted Areas
What’s happening? San Diego is revising their local zoning laws and permitting residential lots to be subdivided into 4 plots for 4 residences. The legislative route for this is Senate Bill 9 (2021 | CA) Opponents say this harms the suburbs. Have they seen Houston?
Why is this important? Urban, within the city limits of the primary metro area, growth coupled with little supply of housing is creating changes to zoning laws.
How will this be important? This is a property rights issue. Protecting the integrity of status quo property rights vs. allowing the highest and nest use of my property rights by subdividing my property.
Is there a catch in SB 9? Yes, the law requires the home owner to make the changes to their property which can be costly and can be a challenging system to navigate.
San Diego Union Tribune via Governing | Is California’s Latest Zoning Law Change the End to Suburbs?
What is happening? California Governor Newsom budget includes $1.75 billion one-time Coronavirus State Fiscal Recovery Fund to shovel ready affordable housing units, which have successfully acquired HCD funding. This keeps the projects from waiting to apply for state tax credits and moves the projects along more quickly.
Why is this important? We’ve seen creative ways to expedite affordable housing, like Los Angeles considering eminent domain of hotels or existing apartments to allocate to affordable housing.
How will this be important? Streamlining affordable housing is a popular subject of the moment.
What is happening? In Berlin, some say property rights are growing unstable as social unrest increases.
Why is this important? This property right would be the first to occur outside a formalized government structure.
How will this be important? This is super fresh. Let’s watch it and see where it goes.
What happened? At a concert in New York for Global Citizen Live, Lizzo and educated the audience about Central Park’s history.
Why is this important? Central Park was once Seneca Village, home to Black and white communities coexisting until New York City took over the area via eminent domain
How will this be important? Lizzo, a Black voice, added that “if we don’t talk about our history constructively, how can we build a better future? “
BET| Lizzo Calls Out Institutional Racism During Global Citizen Performance
What’s happening? 21 million people rent in the nations 50 largest suburbs. Renters are the majority in 103 suburbs. In the next 5 years, add 60 more suburbs.
Why is this important? It is happening in a broad type of areas from the DC suburbs to California, Florida, Michigan and Missouri.
How will this be important? In the next 5 years, we’re adding suburbs in North Carolina, Kentucky, Nevada, Ohio and Washington State.
What is happening? The Massachusetts Supreme Court ruled that COVID restrictions did not infringe on the right to assemble in private homes in violation of the 1st amendment. This case is now waiting to hear if the US Supreme Court will take it up.
Why is this important? Could impact the gubernatorial powers in each state.
How will this be important? Could impact how government can act as we ebb and flow through this and other pandemics
The Federalist | How Massachusetts Annihilated Private Property Rights In The Name Of COVID Restrictions
What is happening? The City of Tweed is renegotiating its agreement with its local airport. That negotiation includes a removal of a provision that would have the city use eminent domain to obtain land to transfer to the airport.
Why is this important? More cities are examining their uses of eminent domain, whether those uses disproportionately impacted certain communities or whether the use of eminent domain is something a 2021 city council wants to support.
How will this be important? Mores appear to be changing on the use of eminent domain. There appears to be a louder echo for fairness toward land owners.
New Haven Independent | 43-Year Tweed Deal Amendment Detailed
What is happening? Thomasville Georgia (USA) city council passed on an initial vote a mural moratorium. The moratorium may not go into effect.
Why is this important? City Council members arguing for property rights do not see a need for a mural moratorium, and are considering other forms of regulation.
How will this be important? Imagine if your town council considered a mural moratorium, would certain portions of your town be impacted more severely than others? is this a property rights issue?
Thomasville Times Enterprise | City won’t impose murals moratorium right away
What’s happening? To limit protestors abilities to protest in front of the houses of politicians, Los Angeles City Council adopted a 300 foot buffer from private residences for protestors.
Why is this important? First amendment attorney expect the ordinance to be struck down in the courts as cities can use trespassing or targeted threats laws.
How will this be important? Protestors continue to be unruly on each side, expect more local or state laws on this.
Los Angeles Times via Governing | Los Angeles Cracks Down on Protests at Politician Homes
What is happening? Oakland, CA is promising to house 1500 homeless, build 132 new units of permanent affordable housing all within 16 months. Oakland will receive $11.3 Million in American Rescue Plan federal stimulus to accomplish its goal.
Why is this important? It is part of House America, a federal initiative with a goal to house at least 100,000 households and add at least 20,000 new units of affordable housing by Sept. 30, 2022.
How will this be important? Most major cities are looking for homeless and affordable housing solutions. This is one to learn from or adopt certain portions thereof.
What’s happening? Oklahoma legislators are looking to protect rental property owners in a world with the CDC eviction moratorium.
Why is this important? Look to reforms to Landlord Tenant laws as the eviction moratoriums roll back.
How will this be important? The Oklahoma legislators say that small property owners who invested in the real estate market so that they can get a return on their investment.
News on 6 | State Representative Tom Gann Looking Into Property Rights For Oklahoma Landlords
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