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Land Use & Property Rights
Land Use & Property Rights
Landowners Petition for Condemnation Legislation
What’s happening? Montana is considering SB 268 (2021 | MT) that would allow residents of a mobile home park to petition the local government to condemn the property, when the quality of life decreases at the property. The property owners will then take over the property.
Why is this important? Moving ownership from one entity to another is a new trend in eminent domain. Whether it is a local government taking over a water utility to return to municipal water service or when the enjoyment of property decreases.
How will this be important? 2020 showed us local governments that sought to use eminent domain to create affordable housing, to house the homeless, and to correct for historical inequities. Governments are trying to make sure it gets better, this concept of using eminent domain to make it better isn’t fading.
Helena Independent Record | Montana legislation aims to change practices around mobile home parks
Ohio Eminent Domain Bill. Landowner Veto.
What’s happening? Ohio is considering a bill from its last legislative session, this legislative session. This repeat bill would prohibit eminent domain from recreational trails and also allow landowners to veto the use of eminent domain bu their local government. HB 63 (2021 | OH)
Why is this important? A perennial call by legislators is to level the playing field when an entity seeks to take property backed by the power of eminent domain.
How will this be important? Landowner rights are more American than apple pie. When one state adopts a measure like this, it will spread.
Constitutional Protection for Political Party Affiliation
What’s happening? California Republican has filed SB 238 (2021 | CA), the Diversity in Thought Act seeks to protect political affiliation as a protected class.
Why is this important? Cancel Culture is getting its backlash. The Republican author of this bill said, ““It is unfathomable to me that corporations and members of the public would ruin a person’s career, business and family because of their political ideology,”
How will this be important? Partisan division is at an all time high and people feel like they should be able to express every thought and opinion. The other side in California is saying ““racist, pro-domestic terrorism, xenophobic, misogynistic views do not warrant protection ‘from discrimination.’”
This is starting to sound like two 4 year olds screaming- I’m rubber, you’re glue, whatever I say bounces of me and sticks to you.
Are Bans on Sleeping in Cars Constitutional?
What’s the deal? Colorado has a ban on sleeping in cars in designated spots, like rest stops. A Colorado Court it violates the Constitution to prosecute people for sleeping outdoors when indoor shelter is not available to them. This follows a 2018 federal 9th Circuit opinion.
Why is this important? How cities and states handle homeless population is constantly evolving.
How is this important? Depends how far these court cases go and thus how far constitutional issues intersect with homeless policy.
Pagosa Daily Post | Court Rules Camping Ban Prosecution Violates Constitution
Eminent Domain to Avert COVID evictions
What’s the deal? Los Angeles City Council is considering eminent domain to acquire an apartment complex to avoid an inevitable swarm of evictions.
Why is this important? City Council thought it cold use COVID funding for this purpose but it cannot. The $46 million will hav to come from existing funds.
How will this be important? Talk about this project is that the city will save money/it will be more cost effective to acquire existing apartment complexes than to build new affordable housing.
Unintended Consequences. Short Term Rental Legislation.
What’s the deal? Arizona passed a statewide preemption bill to regulate short term rentals. The goal was to put Arizona at the front of the sharing economy.
Why is this important? What happened was that instead of homeowners renting out their vacant homes, Arizona experienced an increase in companies buying homes and creating boutique “hotels” in neighborhoods.
How will this be important? Arizona is now seeing a push to repeal preemption just as other states are looking to preempt local short term rental rules.
Jewish News | Phoenix-area property owners grapple with politics of short-term rentals
TX General Land Office + Federal Overreach
What’s the deal? The Texas General Land Office has created the Texas Defense Task Force within the General Land Office with the mission to identify federal overreach and fend off threats to the Texas oil and gas economy.
Why is this important? Welcome back to the days where every state official talked about the 10th amendment and federal overreach.
How will this be important? The Texas Defense Task Force will partner with other private entities to pose legal challenges to the federal policies that directly impact Texas
Everything Lubbock | General Land Office launches the Texas Defense Task Force
Supreme Court watch: Digital Billboards
What’s the deal? The City of Austin has been pushing back against billboard companies that support digital billboards throughout the city. The city wants to protect its skyline. The 5th Circuit said that prohibiting off-premise billboards switching to digital is content-based violation of the First Amendment’s protections on freedom of speech.
Why should we care? Does pretty win? Can landowners choose to add billboards? Are billboards good neighbors? What about free market principles?
How can this impact me? Every issue is in this fight. It is one to watch.
Can a Governor Seize Property During a Disaster?
What’s the deal? Oregon’s House Bill 2238 (2021 | OR) would have clarified that the Governor can seize any real or personal property during an emergency. Well, that’s not going any where now.
Why should we care? It’s a COVID world. We’re living in a COVID world. All regulations related to emergencies and disasters are up for debate.
How can this impact me? Every state is considering and reconsidering how much power should the state government have in an emergency, who should hold the power, and how should it be exercised. In the author’s words, “As sometimes happens, it has been mischaracterized by interests that put private profiteering before the public good,”
News21 | Oregon lawmaker won’t pursue bill on governor taking land in emergencies
Property. By the Numbers. Decline in SF Office Space.
What’s the deal? A survey of San Francisco based businesses revealed that 63% of the surveyed tech companies reducing or planning to reduce their office space. The vacancy rate is 16,7% and climbing, the highest since 2005. 55% of tech companies plan to keep at least 25% of their employees permanently remote. 36% say they will keep 50% of their employees remote. 59 % said San Francisco regulations, taxes, & policies are factoring into their growth plans.
Why should we care? Office space leasing will impact local economies, rent prices, the locations of businesses, and also reflects the new economy. The new economy isn’t tied to a notion that you will spend 8am to 5pm tethered to the office.
How will this impact me? We all interact with office space by either having it, needing it, visiting it, or meeting in it.
San Francisco Chronicle via Governing | As Tech Companies Emigrate, Some Worry About S.F. Economy
+1 City Short Term Rental Ban
What’s the deal? Atlanta is considering a ban on short term rentals.
Why should we care? The conversation on short term rentals is changing to how short term rentals is causing a loss of community.
Why does this matter to me? The pandemic led to an increase awareness of community. Expect to hear the refrain, sense of community, applied to issues across the board.
Eminent Domain & Clippers Arena
What’s the deal? Inglewood City Council has approved the use of eminent domain for a new Clippers Stadium.
Why should we care? Local governmental entities are starting to look at how the use of eminent domain disproportionately against Black property owners.
Why does this matter to me? Building stadiums is big business and controversial. Each is a roadmap on how to move any project forward.
si.com | Inglewood Approves Use of Eminent Domain to Aquire Property for Clippers Arena
Eminent domain authority & ugly structures collide?
What’s the deal? A 5G rollout in Houston has property owners up in arms over the aesthetic appeal of 5G infrastructure.
Why should we care? Everyone wants faster internet speeds. Everyone is trying to figure out how to increase access to internet, including access to broadband.
Why should I care? Lots of stakeholders in this mix, including property owners, Telecommunications companies, device manufacturers, lawmakers and industry associations.
Houston Chronicle | ‘It’s ugly’: Verizon 5G data boxes appear without notice on Houston front lawns
Industry Deregulation. Which rules were relaxed for restaurants during COVID?
What’s the deal? Rules for restaurants changed during COVID lockdowns. Permit processes were streamlined, outdoor roads and spaces were opened, alcoholic beverage code rules were relaxed, and parking rules moved.
Why should we care? Restaurants have taken an economic hit, and are looking toward innovation. Relaxing old rules from an old regime looks a lot like innovation to some.
Why does this matter to me? Like a drive through margarita? new sidewalk dining? Eating in restaurants? Like to eat? The future holds new rules and more access to curbside pickup or short term loading zones.
Route Fifty | Covid Caused Cities to Rework Rules for Restaurants. Which Changes Will Stick?
Eminent Domain Disproportionately Impact Black Land Owners
Where: Memphis TN
The project utilizing eminent domain: A pipeline
Data supporting a disproportionate impact to Black land owners:
- Black landowners are 75% more likely to live near a polluting facility based on a 2017 report by the NAACP and the Clean Air Task Force
MLK 50 | Eminent domain lets pipeline developers take land, pay little, say Black property owners
+Texas Crown Act
Prohibiting race based hair discrimination is coming to Texas thanks to HB 1113 (2021 | TX)
What will the Texas bill require?
- Schools must have staff development in cultural competence and implicit bias
- Grooming policies cannot discriminate
- Employees cannot be discriminated against based on hair texture or protective hair
Hair. Is Deeply Personal. Welcome to The Crown Act.
- July 24, 2020
What is The Crown Act? ““Create a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination, which is the denial of employment and educational opportunities because of hair texture or protective hairstyles including braids, locs, twists or bantu knots.”
Which industries are supporting the state legislation?
- Dove
- U. S. Black Chambers, Inc.
- EARTHGIRL
- Women in Public Policy, Inc.
- Ujima, Inc.
- California Black Chamber of Commerce
- + more
8 States have passed the Crown Act.
9 States are actively considering the legislation.
20+ states have neither considered it nor passed the legislation.
Texas vs. Federal Government. Private Property Rights.
According to Gov. Abbott tweets this week, Texas will sue the new administration concerning private property rights.
The private property rights of the ranchers and churches on the border subjected to the border wall? We’ll see.
WOAI | Gov. Abbott Says State May File Lawsuits Against Biden White House
FL Legislature Revists Short Term Rental Laws
SB 522 (2021 | FL) will preempt local regulations including specifically inspection and licensing.
What will rental platforms have to do under this bill?
- Quarterly reports for tax purposes
- Comply with state tourism laws
The Center Square | Revived vacation rental bill signals renewed Florida preemption push
Florida Politics | Vacation rental preemption left Ron DeSantis cold, but it’s back in 2021
Is eminent domain a fast process?
One of the contractors of California’s high speed rail sent a letter to the states’s high speed rail authority explaining state delay in obtaining land (via eminent domain) is slowing down the rail.
It’s years behind schedule and billions and billions above cost estimates.
Los Angeles Times | Contradicting State, Bullet Train Contractor Reveals Delays
New Texas A&M Study. Benefits of Conservation Easements.
Study authors: Texas A&M Natural Resources Institute, Texas Water Resources Institute and Texas Land Trust Council
What’s a conservation easement?
- a voluntary agreement between a landowner and a qualified non-governmental organization or government entity
- the landowner still owns the land
- the landowner remains in charge of its day-to-day management
- the landowner commits to minimize or avoid certain types of non-agricultural development on their property by selling or donating some property rights
- The land trust or public entity holding the easement monitors the property to ensure the terms are upheld in perpetuity.
How is value derived from these easements?
- $2.9 million in agricultural commodities.
- $7.3 million in water replacement costs.
- $170,400 in wildlife consumptive uses.
- A 27:1 return on investment.
- A 10:1 leveraging ratio.
- A $148 avg. per acre state investment.
- 86% of projects were leveraged to get funding support beyond landowner contribution.
Texas A&M Today | Report: Conservation Easements Yield Financial, Ecological Benefits
AirBnB disallows Inauguration rentals + Kicks off Users
AirBnB has taken 2 positions:
- To cancel rentals in the Washington D.C. area during the Presidential Inauguration
- To ban from its platform “numerous individuals” either associated with known hate groups or found to have been involved in the Capitol riot
What circumstances led to this decision?
- the Capitol area is on a high security alert
- D.C. Mayor Muriel Bowser, Maryland Gov. Larry Hogan and Virginia Gov. Ralph Northam issued statements asking people to stay away
What compensation will be provided?
- refunds will be paid to those who had reserved rentals
- hosts will be compensated for losses
Route Fifty | Airbnb Cancels Rentals in Washington, D.C. Region for Inauguration Week
+1 City Making up for Eminent Domain Uses Against Black Neighborhoods
Add Portland, Oregon to the list of cities making up for past uses of eminent domain that disproportionately impacted Black neighborhoods.
What are the basics of the Portland Program?
- $67 million initiative
- construction of 40 to 50 new single-family homes
- construction of at least another 300 apartments to rent
- create a hub for emerging small businesses owned by Black people and other people of color
- funded by extending by two years the diversion of some property taxes from a certain area
Legislation: Right to Sue Bad Actors using Eminent Domain
HB 448 (2021 | TX) would allow property owners, whose land is treated by eminent domain by a private entity regulated by the Texas Railroad Commission (read: pipelines), to sue that pipeline if it violated the Landowner Bill of Rights or its spirit.
What does this mean? If the company is using the Land Owner Bill of Rights to harass, intimidate, or otherwise mislead – yeah, that qualifies.
The Attorney General can also seek civil recovery under this bill.
Huntsville Item | Texas legislative session begins next week with COVID-19 changing normal process
Eminent Domain Competition. Want to use eminent domain against a private corporation? Now’s your chance.
Where: Monterey County California
Who do you win this chance to use eminent domain? Win the vacant seat on the Monterey Peninsula Water Management District.
How is Monterey Peninsula Water Management District using eminent domain? Buying the water system of the Monterey Peninsula from its private owner, California American Water.
How big of a deal is this? If successful, it is said to be valued at over $1 Billions and the largest value use of eminent domain in history
Amazon’s Funding Affordable House Near Some Offices
What do I need to know about Amazon’s program to fund affordable housing solutions near its offices in Virginia, Tennessee and Washington?
- Amazon is outing $2 Billion into the effort
- 20,000 affordable homes will be preserved or created in the Arlington, Va.; Nashville, Tenn.; and Seattle areas
- Funding options will be in the form of below-market capital in the form of loans, lines of credit and grants
Tech companies have faced criticism over driving up home prices in the Bay Area that displaced longtime residents
The Hill | Amazon to spend $2 billion on housing near key company offices
2020 Recap: Lockdown. Low down.
COVID lockdowns were they compensable as a taking of property? The courts will decide. Legislatures will dance around it in 2021. Some states are utilizing COVID funds to reimburse small businesses that experienced Rioter/Looter damage.
Property rights issues ran the gamut from the impact of Black Lives Matter in historical property acquisition, to how eminent domain is more cost effective than building new affordable housing in LA, and to creating property rights in your data.
As we’re all eating outside more to keep our local restaurants alive, ALEC has model mobile food vendor legislation.
South Padre Island Food Truck Caps Unconstitutional
South Padre Island, TX had set limits on the number of food truck permits at 12 and required permission from a restaurant owner.
How did South Padre Island get there? Until 2016, the island banned food trucks. Then with local restaurant lobbying adopted the cap and approval requirement.
Similar rules have been overturned in San Antonio, El Paso and Louisville.
Santa Fe Separate Residential Zoned Short Term Rentals
Santa Fe New Mexico strengthened its short term rental rules this week.
In the clarification the difference between short term rentals in commercial zoned property and residential zoned property are clear.
What requirements are on commercially zoned short term rentals?
- No permit requirement.
- Registration only.
- No limit on number.
How are residential zoned short term rentals treated?
- The permit must be given to a natural person.
- One individual person cannot be responsible for more than one unit.
- Permits numbers will be listed on offerings on platforms.
+1 City making amends for Property Rights Abuses. BLM.
The City: Knoxville, TN
The proposal: $100M to address removing people from their property from the 1950s through 1970s under urban removal policies that displaced and marginalized residents, mostly Black
Funding mechanism: City revenue + local, state and national grants
How was eminent domain used during this time? The city utilized eminent domain to systematically tear down entire blocks of homes, churches and businesses in the Black community for projects like the Knoxville Civic Auditorium and Coliseum and construction of new routes like James White Parkway and Interstate 40
Which governmental entities will be involved in this project? New Community Empowerment Department
Did Knoxville follow another city’s lead? Yes, Asheville, North Carolina proposed a similar program earlier this year
State Buys Hotels for Homeless. CARES Act.
The CARES Act saw California and Oregon use funds to purchase temporary housing in hotels for homeless.
Oregon is moving beyond this, by spending $65 Million to purchase 20 underused hotels to provide housing for homeless.
What is Oregon’s project called? Oregon’s Project Turnkey
Who will operate the hotels turned homeless housing? nonprofit housing and social services providers will own and run the hotels-turned-housing
A University of Washington study shows that moving the homeless into hotels slowed the spread of the infection.
PEW | Prompted by Pandemic, Some States Buy Hotels for the Homeless
Land Use Ordinances and Racial Disparity
Examples of land use ordinances and the racial disparity impact:
- Multifamily structures ordinances. When all areas of a city are not treated equally for multifamily development, whiter areas see an increase in value and non-white areas see a decrease in single family property values
- Minimum square footage ordinances for single family homes disproportionately impacts Black home owners.
No Eminent Domain for High Speed Rail
Meet HB 114 (2021 | TX) which would prohibit high speed rail from receiving state agency approval (granting the power of eminent domain) OR state agency negotiation for land for the high speed rail project, until and unless the project received “all necessary federal approvals and permits”
Texas Monthly | What Was Behind Greg Abbott’s Bullet Train Flip-flop?
COVID. Occupational Liability Protection.
Where: Missouri
What: SB 1 (2020 | MO)
What protections does SB 1 afford and to whom?
- health-care providers deployed by the state
- during a declared state of emergency
- will not be liable for civil damages or administrative sanctions
- related to the delivery, or non-delivery, of health-care necessitated by the emergency
BLM Righting Property Rights
Who: State Fair of Texas
Why is the State Fair of Texas correcting for property rights violations that impacted Black communities? Because the Fair takes place grounds that were built by displacing Black communities
The entity taking action: Fair Park First
What is Fair Park First doing? Developing a $58million park to give back to the community
Spectrum News 1 | Dallas Leaders Plan Update to Fix the State Fair of Texas After History of Racism
COVID Funds. Eminent Domain Better than Building Affordable Housing?
Where is this happening? Los Angeles
What is the proposal? A city council member is proposing utilizing COVI relief fund to acquire by eminent domain an apartment building for affordable housing
Is there a deadline for the city to spend the COVID funds? Yes, December 31st
Does the owner want to sell the apartment building? No
What policy argument supports this use of COVID funds? It is much more cost effective to acquire property for affordable housing than it is to build new affordable housing
New Eminent Domain messaging: Stop Using Eminent Domain As a Weapon
A local business owner in New York opined as to how his local governmental entities used eminent domain as a weapon.
How else is eminent domain characterized by the property owner?
- political vandalism
- legal coercion
- discourages investor confidence and interested buyers.
Commerical Observer Buffalo News | Another Voice: Stop using eminent domain as a weapon
COVID Land Use for Restaurants and Bars.
The City of Houston is permitting restaurants and bars to utilize open spaces outside their buildings along Main.
The Local Program: More Space Main Street program would close the road to vehicles and allow bars and restaurants to create outdoor seating spaces in the street.. The pilot will continue until March 2022.
Legislation to Allow Landowner Posting of Hunting Lands
Where: North Dakota
What: A bill is bring proposed to make North Dakota the 1st state in country to allow private land owners to electronically post their land as accessible for hunters.
Why? This replaces what landowners call a costly system that requires landowners to post that their land is closed to hunters. North Dakota has a history of open lands for hunters.
Grand Forks Herald | Bill would allow North Dakota landowners to electronically post land
Land. How can data define suburbs, cities & exurbs?
Urban Houston and Urban NYC look vastly different, but does that make homes inside Houston’s 610 Loop suburban? I know it when I see it is a better solution.
But, an even better solution: data
Here’s an example of how population data can define urban, suburban and exurb:
- “City” simply equals core city-limits population
- “Suburbs” equal MSA population minus city and exurbs population.
- “Exurbs” equal MSA population minus city and suburbs population.
Want more? The US Census Bureau says urban is contiguous census tracts with a population density greater than 1,000 people per square mile
How do the U.S.’s 53 largest Metropolitan Statistical Areas break down their population under the definitions above?
- 57.1% suburban population
- 26.8% of the population is urban and lives in the city limits
- 16.2% live in the exurbs
Governing | How Can We Define Suburbia? Start With the Numbers.
Should Cities or Property Owners Fund Sidewalks?
What’s happening in Nashville? Two new build properties are suing the city refusing to foot the bill for sidewalks in front of their properties.
What do land owners say? The city is shirking responsibility and asking private landowner to pay for public spaces, sidewalks
Streetsblog | Two Nashville Residents Ask: Should Landowners Fund Sidewalks?
Just Compensation at the US Supremes
What do I need to know: The just compensation isn’t a by-the-book eminent domain issue. It involves foreclosure sale that occurred in the middle of a sales transaction by the property owner.
What legal quirk then emerged: The Land Bank that swooped in to take the land transferred the property to a private owner at a fraction of its appraised value.
In Ohio, the land bank system is an exception to the ordinary tax foreclosure sale.
What would be the impact if the owner is afforded just compensation? More than 12 states have a similar system that allows the state to take a windfall from foreclosed property.
Pacific Legal Foundation | Ohio county’s illegal tax foreclosure robs property owner and taxpayers
Right to Car Repair. Right Expands in Massachusetts.
What did Massachusetts vigors approve on the 2020 ballot? An expanded right to repair law that gives more repair people access to car data.
It was the most expensive ballot proposition in the state’s history, clocking in at $43 Million.
So what new data will be open by the new law?
- Starts on all 2022 models
- Owners and Independent Repair persons will have access to the information
- The information: wireless mechanical data, known as telematics
Voters approving the new right to repair law? 74.8%
The opposition: The Coalition for Safe and Secure Data funded with $26 million in contributions from General Motors, Toyota, and other manufacturers
Above the Law | Massachusetts Voters Overwhelmingly Support Expanded ‘Right To Repair’ Law
Ballot 2020. Short Term Rental Limit Fails.
Where: Portland Maine
What new restrictions were on the ballot for short term rentals?
- eliminate non-owner occupied short-term rentals
- increase the registration fee from $100 to $1,000 per unit
52% of voters disapproved of the proposal.
Portland Herald Press via Governing | Maine Voters Raise Minimum Wage and Approve Rent Control
2020 Ballot Initiative: Property Rights in Data?
Where: Michigan
What: Michigan Proposition 2 would apply constitutional property protections to individual’s electronic data requiring a search warrant as much as a search of an individual’s home or property.
Passage? 88.8% Said yes property rights apply to your data
Detroit News | Michigan voters face proposals on public land funds, protecting electronic data
Eminent Domain to Remove Confederate Flag
Where: Virginia
What: Virginia Department of Transportation Offers to Use eminent domain to take land it needed that had a large confederate flag that is seen on the nearby highway
How: VDOT offered to remove the flag or allow the group that flies the flag to remove it. The group removed the flag.
After citizen complaints about the flag what issues did the town have with removing the confederate flag?
- The confederate flag is protected to be flown as a flag of “geopolitical entities”
- The flag is flyings on private property
- There is a 1st amendment protection to freedom of expression
FREE LANCE-STAR | EDITORIAL: Confederate flag quietly removed
Property. Your Pit Bull. Local Restrictions Overturned.
Where: Denver
What: November’s election overturned a long standing ban against pit bulls in Denver.
Approval rate: 2 to 1
What do studies say about breed specific bans?
- Costly. Denver’s has cost $5.8 million to enforce since 1989
- Ineffective. Do not reduce dog bites
Route 50 | For Decades, Denver Outlawed Pit Bulls. Voters Just Overturned the Ban.
Property. Your Restaurant + COVID Legislation
How are states handling shoring up their restaurant industry?
- Congress: Heroes Act includes $120 billion for a fund to help revitalize independent restaurants and bars
- Innovation: Ghost Kitchens. Restaurants that offer delivery and take out only but no dine in service
- District of Columbia B23-0942 permitted Streateries
- Louisiana: S72 (2020 | LA) 1 time refundable tax credit to restaurants and bars equal to the amount of any state license or permit fee for any month, or portion thereof, during which they were forced to close due to emergency public health proclamations
- Pennsylvania H2860 (2020 | PA) , the Hospitality Industry Restoration Act sets standards to be met before 100% capacity opening
- New York S9046A (2020 | NY) sets limits on the fees that third-party delivery services can charge to restaurants during the declared public health emergency
Redevelopment Zones for Zero Emissions
Where: Norway
What? The Dokken Area of Bergen, Norway will be redeveloped as a zero emission zone
Is the goal sustainability? NO. The goal is regenerative
How do they look to attain a regenerative development area?
- nature based solutions
- sourcing products and building materials that capture emissions, and even incorporate emissions into the finished product
Fast Company | How to redesign a neighborhood for zero emissions
1st Helsinki. Now Vancouver.
Helsinki found a ROI and savings in spending when it provided homeless population housing and stipends.
Now, a non profit in Vancouver, Foundations for Social Change awarded a group of homeless people a cash payment of $7500 each.
This is what they learned:
- 70% became food secure after a month
- 52% of the cash on food and rent
- 15% on other items like bills and medicine
- 16% on clothes and transportation
- a reduction by 39% spending on alcohol, cigarettes and drugs
Other cities piloting cash intervention pilots for the homeless populations: Stockton, California, & Jackson, Mississippi
The Independent (the UK ) | A Canada charity gave $7,500 to homeless people, here’s what happened
COVID. Homeless. Can homeless be relocated during a pandemic?
We’re about to find out if local governments can relocate homeless during a pandemic as the cities of Denver and Minneapolis over homeless relocations.
The issues:
- violated their constitutional rights
- loss of property, including tents, medication, and personal documents
Route Fifty | Cities Sued for Sweeping Homeless Encampments During the Pandemic
2020 Candidates and Eminent Domain
Missouri Legislature has repeatedly worked to limit the se of eminent domain by privately owned transmission lines, when the line does not provide power to those in Missouri.
It is an ongoing issue in state legislative races. The focus: Private companies using eminent domain.
How Building Codes Minimize WildFire Losses
What type of building codes are being touted as minimizing wildfire losses? International Code Council’s International Wildland Urban Interface Code that includes:
- ignition-resistant building materials
- screens to prevent embers from penetrating into eaves and under foundations
- creating and maintaining defensible space
- fire-service access to structures and water supplies
Where is this being considered or adopted?
- Austin, TX adopted the code
- Oregon Gov. Kate Brown’s Council on Wildfire Response recommended statewide IWUIC adoption, legislation is pending
Governing | How Better Building Codes Can Mitigate Wildfires’ Devastation
Local Vacant Property TREND. Empty Big Box to Innovation HUB
The vacant property: A former space for Lowe’s Home Improvement, left empty since 2012
The revamped property will house: The Generator , retail space, and a live work space
What will those spaces work like?
- 60,000 square feet of flex-tech space for technology, research, engineering, software and design companies
- 8,000 square feet for a brewery/distillery with a covered open-air seating area and events stage
- 10,000 square feet for additional food and drink options
- 9,000 square feet for small shops and business services
- Additional space for work-live studios
The partners in the development: Developers Foothill Partners & Innovation Collective, which supports entrepreneurship and innovation through mentorship, trainings and other events, and the Governor’s Economic Development Division
This is Reno | Vacant Sparks big box store to become “work-live-make innovation hub”
New Kid on the Block. Start Up Returns Power to Sellers
Who: MyPitchList
What does MyPitchList Do?
- Sellers put their property up for pitch
- Local real estate agents bid to win it as a new listing
- Sellers get full transparency of commission rates, sales history and recommendations, with a view to compare apples with apples
NZ | Real estate startup puts power back in the hands of sellers
How Oakland Restricts Homeless Property Access
New policy at the City of Oakland will prohibit homeless encampments at:
- parks
- near homes
- near businesses
- near schools
- near some churches
What are the specific distance requirements?
- 150 feet from a middle school, preschool or child care center
- 100 feet of high schools
- 50 feet from homes, businesses, public parks and places of worship
- within 25 feet of a homeless shelter
NBC Bay Area | Oakland Approves Rules to Restrict Homeless Encampments
Does COVID Mean Less State Leased Office Space?
North Dakota is considering costs savings that would shrink state agency office space and reduce budget costs by more than $1 million.
How are the employees rotating through office space?
- Cares Act funded remote working equipment
- State employees sign up for access to office space and rotate throughout the week and month
Overall, how much office space will be cut from the state? 20%
Bismark Tribune via Governing | North Dakota State Agencies Eye COVID-Related Lease Savings
Eminent Domain Pipeline Routing Legislation
A candidate for state house in Texas to introduce legislation concerning eminent domain use by pipelines.
The legislations goals: “to create a public routing process just like with a road or electric transmission line or railroad. Eminent domain should not exist without transparency.”
Hays Free Press | LWV Forum: Incumbent State Rep Zwiener meets with challenger Isaac
Meet the New Kid: Residential Services Companies
Who is the new kid? Alfred Club Inc.
Who is backing Alfred Club? The WeWork founder
What is a residential services company? They provide apartment buildings with services such as concierge-like staff & software to manage maintenance requests and other paperwork
Why does this matter? Avid InfoHivers will remember a COVID start up in Austin, TX that provided a service to local apartment complexes that served as a second point package delivery service so that tenants could access delivered packages at all hours.
Bloomberg Technology | WeWork’s Adam Neumann Returns to Real Estate With Startup Investment
COVID Pivot. Short Term Rentals.
What takeaways can be found in Airbnb’s COVID pivot?
- Pay attention & Don’t panic.
- Urban residents wanted get aways that were in driving distance.
- Shared spaces of hotels were being shunned
- The pivot: focus on local stays
- Listen to your customers: The company reimbursed 1/3 the value of canceled stays
- Continued efforts concerning local & state regulation
- Act fast
- Investors react favorably
- Adapt to Work from Home
- People will have more flexibility
- People will look to explore nearby
- Communicate with your Employees
- Open and robust communications
- Treat your employees well, even those that you lay off with lucrative packages, health care, and active & ongoing assistance to connect the former employees to new employers
COVID Legislation. Eviction Moratoriums
Where: Massachusetts
What is the proposed legislation: H5018 (2020 | MA)
How long would the eviction moratorium be extended under this legislation? A year after the pandemic emergency declaration expires
What else would the bill do?
- freezes rents
- creates a fund to help financially distressed small landlords
The policy goal: guarantee housing stability
Patriot Ledger | Gov. Baker, courts outline $171 million plan to prevent evictions
COVID Housing Legislation.
- South Dakota SCR 601 (2020 | SD)
- $10 M in CARES Act Funds for housing assistance, including rent, utilities and mortgage
- Mississippi HB1810 (2020 |MS)
- $20 million from the state’s budget contingency fund to a Rental Assistance Grant Program to provide relief to rental businesses
- Michigan SB 1132 (2020 | MI)
- Relief for seniors & disabled by allowing local governments to adopt ordinances to cap their rent at 50% of their income
- Pennsylvania SB 1290 (2020 | PA)
- Relief for landlords and mortgage holders, as well as tenants and homeowners, as long as their is a loss of 30% or more of income due to COVID
- New Jersey S2873 (2020 | NJ)
- Require landlords to accept credit cards for payments during the pandemic
- Massachusetts S2918 (2020 | MA)
- Tax credits for residential landlords based on the difference of what is collected and what is obligated
Did Eminent Domain flip Gubernatorial Support for High Speed Rail?
Maybe. The Texas Government has asked for additional information from stakeholders.
The concerns raised over the project:
- whether “the private property rights of Texans are fully respected. .. “
- His support is contingent on “if and only if” property rights are respected
The messaging from landowners:
- “Gov. Abbott should be focused on saving Texans’ property, not taking it away and giving it to the Japanese government.”
Trains | Texas governor expresses ‘full support’ for Texas Central, then backtracks
BLM Meets Eminent Domain. Was your city’s eminent domain used disproportionately against Black residents?
Spartanburg, Southerner’s Carolina became the only city in the state to publicly acknowledge past racism and apologize to its Black residents in a resolution.
What’s the eminent domain angle? In the 1960s and 1970s urban renewal funding was to target blight, but it was found to disproportionately impact Black communities that never recovered.
What’s the future angle? A commitment by the local government to make more equitable decisions in the future
Huron Daily Tribune | Spartanburg apologizes to Black residents for past injustice
Constitutional Question: Masks + Separation of Powers
Ohio governor has a statewide mask mandate but will not enforce the mandate in the buildings that house the courts or the Legislature.
Why will the Governor not tackle enforcement in these specific governmental buildings? It is a violation of separation of powers
Is the Ohio legislature enforcing a mask requirement? NO
What did each legislative branch do?
- President of the Senate urges people to wear masks
- House Administration has made clear by memos there is no mask requirement unless in Governor’s offices
Highland County Press | As pandemic worsens, legislature still refuses mask mandate at the Capitol
Property Rights + Nuisances + Short Term Rentals + COVID
AirBnB is removing party houses from its listings.
Let’s look at the criteria that is triggering removal:
- complaints had been received
- the property violated the company’s policies on parties and events
- previously received warnings
What global action has AirBnB taken? Adopted a global ban in 2019 on listings that “created persistent neighborhood nuisance,”
What COVID rules have been adopted?
- A ban on party & event houses
- An occupancy cap of 16
On the ballot: Short Term Rental Restrictions
Where: Portland
What is the ballot proposition: Limit short term rentals to properties in which owners live
An Act to Restrict Short Term Rentals (STRs) in Portland will restrict all mainland STRs to only those that are owner-occupied. It increases the annual fee for all STR’s to $1,000 for each mainland STR and $400 for each island STR. The initiative also increases penalties for violations, requires the Department of Permitting and Inspections to maintain a log of complaints against STRs, and allows the city to revoke STR licenses for any violations.
The argument for it: The influx of out of state conglomerates buying up property for short term rental negatively impacts housing affordability
The argument against it? Its not out of state conglomerates, it is your next door neighbor you’re impacting
WGME | Portland ballot question would restrict short term rentals, raise fees
On the ballot: Is your data private property
The state ballot: Michigan
The ballot proposition: define electronic data as private property thereby requiring a warrant for law enforcement access
Government Tech | Michigan Voters to Decide if Data Is Private Property
COVID. State Agency To Consume Another State Agency
In Texas, the Texas Sunset Advisory Commission has recommended that the Department of Agriculture absorb the Texas Racing Commission. Here’s why:
- The Racing Commission has an “unsustainable funding structure”
- The Racing Commission can “can no longer efficiently carry out its mission “
- COVID exacerbated the Racing Commission’s declining revenues
- Can’t provide appropriate service to licensees because of limited staff and budget cuts
- The Racing Commission has reduced the number of audits to ensure fair wagering
Proposed Texas Eminent Domain Legislation
The proposal: Use eminent domain to take back the Alamo.
The purpose of state control over the Alamo and Alamo Square: ” to guarantee legislative oversight of the plan to renovate and restore the site of the Alamo.”
Texas Scorecard | Biedermann Pledges Legislation to Take Back Control Over Alamo
+1 State Legislature Challenges Governor on Mask Requirements.
Where: Wisconsin
Who is challenging the Governor’s mask requirement order? Republicans
What are these elected officials saying about the Governor’s Order?
- need to act quickly to check the governor’s misuse of his power
- illegal health emergency order
- the legislature must meet to overrule the governor
- Governor Evers ongoing desire to exercise unilateral control is unlawful and must be ended
- disregard for the state constitution and the role of the three branches of government is mind-boggling
How Housing & Property Rights are Symbiotic
The severest housing shortages are those that are most hostile to property rights.
Statistics say that to replace aging or destroyed housing stock, one million homes must be built each year.
When demand for housing is not met, the cost of housing is unaffordable.
Pacific Legal Foundation | If you care about housing, you should care about property rights
More Investors to Social Impact Funding for Housing. Welcome, new economy.
Who is putting together a social impact bond package for housing? Bank of America
What does the bond package include?
- $2 billion of bonds to help fight inequality in Black and Hispanic communities
- “aims to fight longstanding inequities in America’s minority communities, which the coronavirus pandemic has exacerbated.”
- will also fund “entrepreneurship and venture capitalism that aims to boost minority-owned businesses and neighborhoods”
What are people saying about this?
“burden of responsibility to address racism, inequality, climate change and other critical issues is shifting, perhaps inexorably, from the federal government to corporations,” – John Streur, president and chief executive officer at Calvert Research and Management
Top 10 Issues Facing Property Rights
- COVID-19
- Economic Renewal
- Capital Market Risk
- Public & Private Indebtedness
- Affordable Housing
- Flow of People
- Space Utilization
- Technology & Workflow
- Infrastructure
- ESGin real estate investment
Who decided on this list? Counselors of Real Estate
Counselors of Real Estate | 2020-21 Top Ten Issues Affecting Real Estate®
Water Buffer Bill as a Property Right Infringement
Where is an increased water buffer being considered? Frederick County Council , Maryland
What is a water buffer proposal? An increase to the existing 100-150 foot wide buffer setback requirement further into waterfront land during any land subdivision process.
What do opponents say?
- it is immoral
- “unnecessary restrictions can cause undue harm to landowners and farmers by infringing on property rights; reducing a landowner’s ability to use their own land; and can negatively impact property values. In this case, for no credible reason or compensation to owners.” The Farm Bureau
- no practical effect to improve water quality
Frederick News Post | Help stop an immoral county law that infringes on property rights
COVID Local Ordinance TREND. Banning no fault evictions.
California passed AB3088 (2020 | CA) , the COVID-19 Tenant Relief Act of 2020, that protects residential tenants from eviction if they are unable to pay rent due between March 1, 2020 and January 31, 2021.
San Francisco is considering an ordinance to the this further by barring landlords from executing a no-fault eviction until March 2021, regardless of how the tenant has been affected by the pandemic.
How many evictions in San Francisco are no fault? About 20%
San Francisco Chronicle | Proposed SF legislation would ban ‘no-fault’ evictions until March 2021
Land Use. Can Architectural Committees Overrule?
Texas Attorney General Opinion KP-0333 answers whether a city, the City of Horseshoebay specifically, whether a municipality may enact an ordinance that conditions receipt of a building permit?
Translating the legalese, can an Architectural Committee overrule other building code provisions?
Why does this matter in Texas? In 2019, the Legislature passed House Bill 2439 (2019 | TX), that prohibits cities from restricting the use or installation of building products or materials that are approved for use by a recent national model code.
So what can home-rule cities, like Horseshoe Bay, do? They can enforce other covenants, maybe, but if a covenant conflicts with the model building codes, they can’t allow an Architectural Committee overrule the building code.
COVID + Office Rentals
Open Office Floor Plans and COVID are not symbiotic. To counter that, meet ROOM.
ROOM, New York-based startup, is part fo the NEW Economy.
What is ROOM? It began selling private phone call booths to open offices, with clients including Uber, Google, and Salesforce. COVID pivot at Room led to it offering Office booths for privacy and air privacy.
The benefits: The ROOM pods are sound proof with quiet, separate ventilation systems
Business Insider via Apple News | Room startup selling modular office pods for coronavirus
Real Estate Investment Trust. REIT with a Purpose. Right?
A REIT launched in London, Home REIT, that has the purpose of supporting housing for the homeless.
How will this work? the REIT investments will fund leases of 20 to 30 years to registered charities, housing associations, and other regulated organizations that receive housing benefits or other support from the government to fund housing for homeless people.
Barrons | Profit With Purpose? How This REIT Aims To Combat Homelessness
New reinsurance legislative issue: Fires.
Where is a debate occurring about a reinsurance system for fire coverage? California
Why? Wild fires and coverages issues related to wild fires
What did industry propose? AB 2167 (2020 | CA)
How did the legislation fare? Consumers groups opposed the industry legislation saying it contravened the state constitution. The bill has been amended to be a study as wildfires continue to burn.
Daily Breeze Opinion | Legislature ignores fire insurance crisis
Land Use. How can Governmental Regulations Incentivize EVs without tax credits?
Government required green parking spaces are the newest way to lure in EV drivers.
The Telegraph | Green parking spaces could encourage EV drivers under Government plans
COVID Pivot. Hotel Properties to Office Locations.
Hotels in Austin, TX and other locations are adapting to COVID by offering socially distanced and sanitized spaces for those in need of office and meeting space.
Unlike traditional office leases, can be reserved on a per day basis.
Are there other perks as this market heats up? Yes, amenities such as the pool, gym, outdoor spaces and a rooftop terrace see mid-week discounts. Some offer $25 daily credit for dining and drinks.
Austin Statesman | To ride out pandemic, Austin hotels pivot to office space
2020: State Building Contracts & Diversity. Times are Changing.
Where: Massachusetts
How: An amendment to an economic development bill ( S2842 (2020 | MA)) included languages that requires diversity that takes into account race and gender when awarding bids for the disposition of real estate, air rights, long-term leases, and construction and design work.
Will there be state mandated requirements? No. Each state agency will be required to establish programs to ensure the “fair participation” of minority-owned and woman-owned businesses
COVID. How to Pivot when your Business is Limited by Government Action.
What type of business is pivoting? A restaurant in Austin TX
What COVID restrictions have been in place? Closed to dining in and limited capacity at restaurants in Texas
What model did the restaurant adapt?
- subscription service with all subscriptions receiving free in person dining quest
- A $5/mo subscription newsletter with a recipe and cooking tips
- $35 a month, subscribers can get access to a monthly virtual cooking class & access to an ingredient list and recipe to cook along
- $55 per month and you get ^^^ + the ingredients
- $75 per month, you can get the meal kit as well as a cocktail class and cocktail kit
Austin 360 | El Alma launches meal, cocktail kits through membership program (free queso included)
Local TREND. Curbing Investors in Short Term Rental.
How did a community in Michigan craft their ordinances to limit access to investors who want to acquire short term rentals in the area:
- priority is given to people who live in the community
- priority is given to locals on the waiting list for a license when the cap is reached
Traverse Ticker | Elk Rapids, Elmwood Township Tackle Short-Term Rentals
Rioter Looter Legislation for Property Damage
Minnesota: HF 2 (2020 | MN) will offer property damage relief for property in 2 ways.
- Relief for property that was damaged by rioters through the new CIVIL UNREST IMMEDIATE RELIEF PROGRAM
- Relief for development for those that experienced “adverse impacts of past and ongoing racial discrimination in the metropolitan area” through the METROPOLITAN AREA REDEVELOPMENT CORPORATION
COVID Affordable Housing Legislation Reaction
Massachusetts: H4854 (2020 | MA) favors housing grants near transportation nodes.
Prioritizes developments in areas hit hardest by the pandemic.
Stronger Eminent Domain Restrictions for Pipelines Legislation
Who wants to ban eminent domain for pipelines? U.S. Senators Ron Wyden and Jeff Merkley
Why the eminent domain ban? industry’s increased use of eminent domain coupled with FERC’s reluctance to protect landowners
Will pipelines be prevented from ever using eminent domain? No
How will the 2 bills work?
- Wyden’s Reaffirming Property Rights Through Natural Gas Act Modernization Act
- ends the legal presumption that gas exports are by definition in the public interest
- uniform gas developers’ communications to landowners
- setting time limits on FERC actions
- more robust appeals process for landowners
- Merkley’s proposed Ending Natural Gas Companies’ Seizure of Land for Export Profits Act
- prohibit companies building export pipelines from using eminent domain claims against private lands
Mail Tribune | Oregon senators to introduce bills against use of eminent domain
SP Global | Oregon senators prepare bills to rein in eminent domain use for gas projects
COVID. Regulatory Move to Limit Events.
Where: New York
What: a new rule prohibiting bars, restaurants and similar venues from offering live music that customers pay for separately
How: State Liquor Authority Rules for COVID permitting only incidental music is permissible at this time
Syracuse.com | New NY state rule bans ticketed music events at bars: ‘This is devastating’‘
Follow the Investment Money. Building Meets Tech.
Who: Austin-based construction tech company Icon
How much has Icon raised? raised $35 million to accelerate its growth, total raised $44 million
What does Icon do? 3D printing technology to build structures by robotic poured materials to provide more affordable, resilient and sustainable homes.
Why should I pay attention? Icon was featured in Apple’s Emmy nominated show, Home
Austin Statesman | Austin construction tech firm Icon raises $35M to speed growth
Caio Model Mobile Food Vendor Legislation
Who is offering model food truck legislation? ALEC, the American Legislative Exchange Council
The goals of the legislation: Diverse economy, economic development, increase access to local foods
What is the regulatory framework?
- licensing (ok with local & state)
- licensing per vehicle
- insurance required
- health inspection required
- can operate on public or private property
- no limit on how close they may operate to an existing restaurant
Full text: ORDINANCE ESTABLISHING MOBILE FOOD VENDORS
90% of American View Data Privacy as a Right. Corporate Data Responsibility.
Steve Jobs & Apple have been talking about property right sin your personal data for a while now.
KPMG has a new report on corporate data responsibility that says 9 out of 10 Americans support data privacy rights.
The details:
- 91% think companies should be held responsible for corporate data breaches
- 91% take corporate data responsibility seriously
- 84% open to state legislation for consumer control over data
- 91% support GDPR like regulations that would allow Americans to delete personal data and know how their data is being used
- 56% think companies should prioritize data privacy in 2020
ZDNet | Nine in ten Americans view data privacy as a human right, according to new report
New Kid. New Sustainable Builder Wants to Roost in Texas
The sustainable builder: Murrieta, California based S2A Modular
What do I need to know about S2A Modular?
- The 1st “electrically self-sustaining, custom and smart-connected luxury residences and commercial buildings”
How are S2A Modular buildings and homes powered? Tesla Powerwall battery system + solar panels producing electricity
Dallas Morning News | California modular home company says it wants a North Texas plant
COVID + GenZ. Private Property & The Congressman.
This week TeenVogue published an OpEd about whether there was merit to property ownership.
A Congressman retorted on twitter with “”Teen Vogue publishes oped that says we should abolish private property rights…along with those pesky police. Just wondering if anyone sees any issue with our next generation reading Marxist propaganda in popular teen magazines…?”
The Op-Ed was intended to address an impending eviction crisis.
FoxNews | Dan Crenshaw blasts Teen Vogue op-ed advocating end to private property rights
DISCLAIMER: InfoHive & GoodHive Partners support the right to free speech and expression. InfoHive and GoodHive Partners believe the most effective communication is a positive expression of your beliefs. We do not condone the tone nor message that was directed at women and the teen audience of Teen Vogue. Let’s all talk about the benefits of our views without invoking dramatic disparaging language for those who disagree with us. We can do better.
COVID. Can Counties in Texas extend eviction protections?
We’ve seen Legislatures throughout the country extend eviction protections in this COVID era.
The Texas Legislature isn’t in session in 2020, so the Texas Attorney General was asked whether counties could extend eviction protections.
The Attorney General’s answer: Nope. Not Going to Happen.
Why? Well, there’s a previous COVID opinion that also narrowly limits local authority. And then, there’s this gem “While local officials do possess certain emergency powers, efforts to amend the statutorily prescribed, statewide eviction procedures far exceed the requirement that those powers be exercised “on an appropriate local scale.”
It’d be like if I left the pantry door open with easy access to dog treats for my beagle. Do I trust the beagle to not consume all the accessible dog treats?
BLM Government Responses. Statue Removal at Texas Universities.
BLM led to a question to the Texas Attorney General about whether Texas A&M had authority to remove a statue of Lawrence Sullivan Ross.
So can A&M remove the Sull Ross statue? If they get permission… Meaning, it’s complicated.
Why does A&M need permission to remove the statue? Because Section 2166.5011 of the Government Code applies to the statue as it honors, in part, Ross’ military service. Which means the university can get approval from the Legislature or it can by statute move the statue to another prominent location.
Is there a loophole that allows the Historical Commission or State Preservation Board to remove the statue? No, because A&M is outside the jurisdiction of both.
Texas Attorney General Opinion KP-0325 (2020)
Bryan Eagle | Paxton: Legislature must sign off on any relocation of Texas A&M’s Ross statue
COVID Legislation. Eviction Rules Changing.
Here’s what state legislatures are considering to address COVID related eviction concerns:
- Michigan HB 5962 (2020 | MI)
- prohibits rent related evictions during a declared emergency & for 60 days there after
- does not apply to criminal actions
- does not apply to lease violations for health and safety
- Massachusetts HB 4878 (2020 | MA)
- prohibits rent related evictions during the declared emergency & 12 months thereafter
- prevents land lords from filing negative credit reports
- Ohio SB 343 (2020 | OH)
- creates a method to expunge evictions
- New Jersey S2607 (2020 | NJ)
- authorizes $9.9 billion in bonds for COVID recovery, including eviction moratorium
- extends the eviction moratorium too 2 months after the declared crisis ends
- bond proceeds would be held in the state Property Tax Relief Fund
- Nevada
- requires mediation and extends the moratorium for 30 days after the emergency declaration expires
Governing | Legislative Watch: Addressing America’s Eviction Crisis
AP via News 4 | Nevada Legislature passes pandemic eviction protections
TX Legal TREND. Property Value can include Property Owner Testimony
What door opened for property owners in the 1st Court of Appeals opinion in Hlavinka et al. v. HSC Pipeline Partnership, LLC
- property owners can attest to the highest and best use of their property
- including evidence of value from other, privately negotiated pipelines on the property
Drovers & Bluebonnet News | Editorial: Victory in the courts for Texas property owners
TX Legal. 1st Court of Appeal Win for Landowners.
The eminent domain use at issue in the litigation: pipeline
What issues were percolating for the 1st court of appeals?
- is a single customer on the receiving end of a pipeline enough to get common carrier status?
- The pipeline failed the Texas Supreme Court’s Texas Rice test for common carrier status
The legislative issue that arises: The only way to challenge a common carrier assertion by a pipeline in its filings with the Texas Railroad Commission is for a property owner to sue.
Bluebonnet News | Editorial: Victory in the courts for Texas property owners
Same in Drovers
Legislative TREND. No HOA restrictions on rentals.
The Legislature: California
The legislation: AB 3182 (2020 | CA)
What limits would AB 3182 place on HOAs:
- eliminates current grandfathering
- prohibits HOAs from limiting rentals
- short term rentals are an exception and can be banned
- permits a 25% cap on the total number of rentals
What does the bill’s author say? “We must marshal all available resources to address the housing and homelessness crisis”
Daily Breeze | HOA Homefront: Assembly Bill 3182 proposes ending HOA restrictions on rental units
Legislative Concern: Expanding Eminent Domain by Regulatory Action
Where: Iowa
What’s happening in Iowa? If a renewable energy project is approved by the Iowa Utilities Board, eminent domain is bestowed upon the project
What has legislators’ attention? That private property can be converted to public use for renewable energy
Why is this a concern that the Utilities Board can grant eminent domain authority? Because of the “the dramatic expansion of eminent domain authority” for the Utilities Board
Up next: legislature reigning in this power
Radio Iowa | Wind turbines on private property a flash point for Iowa lawmakers
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