Topics
Land Use & Property Rights
Land Use & Property Rights
Land Use- Multi County Bike Trail
What’s happening? 6 counties in the Greater Sacramento California are are joining forces to build a biking and hiking trail through 6 counties. Which will involve the taking of land.
Why is this important? COVID has resulted in an increase in the sale of bicycles.
How will this be important? The bike trail will be built in ways to improve equity and access to nature trails.
Sacramento Bee via Governing | Six Sacramento Counties Plan Biking Highway System
US Supreme Court Case
What’s happening? The US Supreme Court is hearing a case between the State of New Jersey and a Pipeline on whether the pipeline can take state land for its project. I want to say this a goose and gander situation, but I’ll withhold.
Why is this important? Eminent Domain cases getting tricky the multiple constitutional rights overlap. Like when land is owned by a Church, or in this case, when
How will it be important? There is no level playing field among entities with eminent domain authority over whether they can or cannot take state lands.
State Impact PA | SCOTUS hears arguments in eminent domain case involving PennEast pipeline project
Limiting Developer Fees
What is happening? Florida passed legislation to limit developer impact fees. Impact fees are fees paid by developers to help local governments shoulder the cost of roads and other infrastructure associated with new growth. H337 (2021 | FL)
Why is this important? Critics say this only harms local control.
How will this be important? A tool for the tool belt of state officials reigning in local fees and services.
Requiring Middle Housing Designations
What is happening? North Carolina is considering HB 401 (2021 | NC) that would require local zoning codes to include middle housing in residential zoning. Middle Housing is duplexes, townhomes, triplexes, & quadplexes in single family residential zoning. It also requires local governments to allow at least one accessory dwelling for single-family resident. These accessory dwellings may not be held to owner-occupancy, minimum parking or conditional-use zoning requirements.
Why is this important? It balances the need for housing in tight housing markets by including townhouses and friends but it also gives single family property owners access to add a guest house, show term rental or home office on their property.
How will this be important?High growth cities are grappling with adding more housing and changing local single family zoning to include townhouses, duplexes, triplexes and quadplexes.
Carteret News Times | Towns worry 2 state bills could thwart local ability to regulate property use
Tree Ordinances Continue. State Preemption
What’s happening? North Carolina Legislature is considering House Bill 496 (2021 | NC), the Property Owners’ Rights/Tree Ordinances Act, that would require state legislature approval of any local government tree removal ordinance.
Why is this important? The mix of policy considerations is what makes this interesting. The State protecting a property owner’s right to use her land as she pleases. The Local Government power being usurped by the state.
How will this be important? This balance between state power and local power is playing out in many areas- land use, homeless population policies, plastic bag bans, ride share regulation, short term rental legislation, electric scooters and more.
Carteret News Times | Towns worry 2 state bills could thwart local ability to regulate property use
County by County Approval for Eminent Domain Projects
What is happening? Missouri is considering SB 508 which would require that a project that uses eminent domain is overseen by the Missouri Public Service Commission would have to present resolutions from each county that has a portion of the project to the Commission for approval.
Why is this important? In Texas, there have been counties that have passed resolutions that opposed high speed rail projects.
How will this be important? The pendulum will swing and local governments will have a greater voice in state matters, and taking into account the local voice in eminent domain projects is one of those steps.
Missouri Times | Legislators, landowner groups rally in support of eminent domain legislation
State Moves to Public Use Only
What is happening? North Carolina Legislature is moving HB271 (2021 | NC) that will eliminate public benefit from eminent domain considerations in the state.
Why is this important? North Carolina is looking to make the change statutorily and constitutionally. Numbers and data on eminent domain support coming your way after that election.
How will this be important? Property Rights advocates have long advocated for public use only.
Local Petition to Limit Eminent Domain In Texas
What is happening? Plano, TX city council declined an initiative petition that sought to limit eminent domain in the city. The petition was declined because the signatories could not be verified or did not provide information for verification.
Why is this important? Looking for an eminent domain ban? Look to your local officials.
How will this be important? Cross your T’s and dot your I’s, but also consider local government official responses like this one from City Attorney Paige Mims who “argued that the ordinance was legally incompatible with the city charter and state law and criticized it as being unenforceable”
COVID World: Cities Monitizing Curbs
What is happening? The new economy has increased use of delivery services, ridesharing and micromobility. All of which make curb space more valuable.
Why is this important? Cities are using curbside kiosks to collect video data, auto type and license plate information to time how long the vehicle stays at the curb. Aspen is using “smart zones” so delivery drivers can reserve curb side space. Las Vegas is using curb space tech to make ride share pick up and drop off smoother.
How will this be important? More cities are pursuing more curb side technology policies that use curb land in varying ways and collect varying amounts of data. New rules and laws forthcoming.
Government Technology | Cities Focus on Urban Curbs and How to Manage Them
New Maine Rules for Short Term Rentals and Vacation Homes
What’s happening? LD 1377 (2021 | ME) would generate revenue to develop affordable housing, provide property tax relief & encourage more units to be used as permanent housing
Why is this important? Maine is pretty much following what D.C. did with some added help for low and middle income households
How will this be important? Maine dedicates the funds to Housing Opportunities for Maine, or HOME, program, which funds things such as affordable housing and homeless services & to a state fund for the state’s homestead tax exemption program.
Sun Journal | Bill would impose new fees on vacation homes, short-term rentals
Another Agricultural Trespass Bill
What’s happening? The Iowa Legislature is considering another “AG Gag” bill. HF 755 (2020 | IA) would make knowingly entering private property without the owner’s consent and taking soil and water samples or samples of an animal’s bodily fluids or other animal products would become an aggravated misdemeanor on the first offense. Same penalties for a trespasser who plants a camera on land for the same purpose.
Why is this important? 2 previous versions of an “Ag Gag” in Iowa are tied up in court. While opponents say it infringes on their 1st amendment rights.
How will this be important? The balance between animal welfare and property rights in the agricultural industry shall continue.
Just Compensation. What about similar sales?
What’s happening? A court in North Dakota determined that just compensation in the taking of property by eminent domain can include a review of similar sales.
Why is this important? Determining just compensation is a hot topic.
How will this be important? There’s always a lot of talk about market value, introducing evidence of similar sales could be the new term of art for just compensation policy makers.
What happens when a property developer accepts bitcoin for rent?
What’s happening? California Real Estate Developer Rick Caruso will be accepting bitcoin as a method of payment. 1% of Caruso Properties’ treasury is in bitcoin after an investment in Gemini, a cryptocurrency.
Why is this important? A growing list of payments may be made by cryptocurrency some taxing entities accept crypto currency, some political campaigns accept crypto currency.
How will this be important? States are just beginning to regulate cryptocurrency. It’s the new frontier.
LA Times via Governing | Some L.A. Apartments, Stores Can Now Pay Rent in Bitcoin
Bill would Restructure Short Term Rental Taxes
What is happening? California is considering SB 555 that would create a statewide collection system for short term rental taxes directly from the short term rental platforms. SB 555 (2021 | CA)
Why is this important? This bill does not prohibit local agencies who want to continue with their own Voluntary Collection Agreements and allows cities to opt in.
How will this be important? Short term rentals appear to have faster trajectory to a new normal than hotels. Fewer people in the space = fewer germs mentality.
Prohibit Ag Land Sale to Non-Profits
What’s happening? Montana is considering legislation to prevent agricultural land from being sold to a non-profit. HB 677 (2021 | MT) Seem unusual? Well, it is allegedly aimed at stopping the American Prairie Reserve from acquiring land. The bill excepts all other nonprofits except land trusts, public lands and conservation organizations.
Why is this important? Land owners, ranchers, wildlife vs. environmental conservations is a perennial legislative fight.
How will this be important? Can you envision legislation that would prevent sales of property to people who are citizens of certain countries? Or work in certain industries? Sounds eerily familiar to bills that divest funds from certain interests
Anatomy of North Carolina’s Eminent Domain Reform Bill
What’s happening? North Carolina legislature has passed with bipartisan support an eminent domain bill HB271 (2021 | NC) that fortifies public use requirement, require just compensation be determined by a a jury, and requires voter approval to add these requirements to the NC Constitution.
Why is this important? NC legislators want to eliminate “public benefit” as a means of utilizing eminent domain authority and wants a more robust look of property value.
How will this be important? We should see states follow suit with the jury requirement for valuation.
Local Ordinance. Evict Violent Tenants. No Rent Raising.
What’s happening? The District of Columbia passed an ordinance that will allow landlords to evict violent tenants but prohibit rent increases.
Why is this important? D.C. is stepping back from its pandemic-related tenant protections
How will this be important? The standard DC adopts is key- whether a tenant poses a physical risk to others. Does your state protect against violent neighbors?
North Carolina re-defining Public Use
What’s happening? North Carolina is considering HB 271 (2021 |NC) that would re-define public use by eliminating public benefit from the calculus.
Why is this important? its something property rights advocates have wanted for a long while, since at least 2005. Interestingly, the John Locke Foundation, thinks the bill could go even further.
How will this be important? Property rights bills aren’t disappearing. The US has limited land all the while, the population increases. People have strong feelings about the government taking their land.
The Daily Advance | House bill takes aim at eminent domain for ‘public use’
1st 3D Printed Homes for the Homeless
What’s happening? ICON partnered with nonprofit Mobile Loaves and Fishes to create the anti-homelessness “village” in Austin, TX. Internationally, ICON partners with New Story, a U.S.-based nonprofit.
Why is this important? This isn’t a one trick pony on one side of the political isle, ICON is also printing military barracks. Keep your eyes on them. Big things ahead.
How will this be important? “Having this capability where you’re not just building temporary facilities but can leave behind infrastructure that can get a foothold and begin the recovery – that has the possibility to become transformative,” –Lieutenant Colonel Alex Goldberg, a lead with the Defense Innovation Unit.
@worldeconomicforum on instagram
+1 City Black Lives Matters & Housing Discrimination Policies
What’s happening? Evanston IL is set to be the first U.S. city to offer reparation money to Black residents whose families suffered lasting damage from policies that effectively banned Black residents from renting or owning store fronts. Residents can use funds toward their homes, home repairs and home improvements.
Why is this important? Black Lives Matter and other social justice issues have shed light onto historic and current discriminatory treatment.
Why will this be important? This is not going away. Or in the wise words of my Great Uncle Helge, say what you mean and mean what you say. Equal treatment under the law means equal treatment as Uncle Helge would say.
Reuters | Chicago suburb’s plan to pay Black residents reparations could be a national model
State v. Local Government. Property Development.
What’s happening? The State of California is suing San Diego County for permitting development in areas that are prone to wildfires. At issue is the impact statements concerning the land development.
Why is this important? This sounds very familiar to large urban area that had housing developments in areas deemed as flood plains and then Hurricane Harvey happened.
Why will this be important? There’s no new land. There’s only the land we have and a growing population, which means land is going to be developed and the levels of government will determine the rules for development.
San Francisco Chronicle via Governing | California Sues San Diego Over Its High Fire-Risk Housing
Al Eminent Domain Bill Says no to Green Space
What’s happening? SB105 (2021 | AL) would prohibit the use of eminent domain to create green space.
Why is this important? The issue in this bill is the perennial eminent domain issue- property owners want to feel good about the transaction.
How will this be important? Until entities that use eminent domain start talking about eminent domain use in a positive way where everyone feels good about what happened, they’ll continue this. Just be nicer, and this will be a cake walk.
News 19 | North Alabama officials worried anti-eminent domain bill could jeopardize greenways
Texas tackles Discriminatory Deeds
What’s happening? The Lt. Governor of Texas press release lists his legislative priorities included is SB 30 (2021 | TX) that would remove discriminatory provisions in deeds.
Why is this important? More jurisdictions are addressing systemic historical racism.
How will this be important? Black Lives Matter and COVID are putting more focus on cleaning up laws or actions that disproportionately impacts communities of color.
COVID Reaction: Right to Repair Bills
What’s happening? A nonprofit in Portland salvages broken laptops, tablets and desktops, fixes them and provides them at low or no-cost to people who can’t afford new ones. Super important for the new work from home adaptation in COVID.
Why is this important? The non profit had a hard time accessing repair parts and manuals that prevented independent entities from repairing computers. Enter bills like H260 (2021 | MA)
How will this be important? Technet members opposes the bills saying they will make the devices more susceptible to hackers.
Route Fifty | Pandemic Drives Phone, Computer ‘Right-to-Repair’ Bills
8th State to Establish Hair Rights
What’s happening? CT will be the 8th state to prohibit race-based hair discrimination in workplaces, schools and businesses open to the public.
Why is this important? The Model Legislation, The CROWN (Creating a Respectful and Open World for Natural Hair) Act, is making the rounds through California, New York, New Jersey, Maryland, Colorado, Washington and Virginia and passing with wide margins.
How will this be important? There is a significant partnership behind this model legislation. The partnerships of the CROWN Coalition, reflect an alliance founded by the National Urban League, the Western Center on Law and Poverty, Color Of Change and the soap and personal care product-maker Dove. This partnership and its steps are a model to emulate.
Route Fifty | New Connecticut Law Will Ban Discrimination Based On Hairstyles
Masks. Constitutional Rights?
What’s happening? We’ve reached the point in the pandemic when the lawyers start talking because of a declaration that there is a constitutional right to be free from a private business’ mask policy.
Why is this important? Not everything is a constitutional right. Feels silly to type, but a refresher on the Constitution might be in store.
How will this be important? This is very similar to news during the last week that the publisher of Dr. Seuss books is pulling several volumes and won’t print them. This business decision by a private business has been heralded by some as an assault on Dr. Seuss. It’s personal for them. Like the mask issue is personal even though private businesses can adopt a mandatory mask policy.
KHOU 11 | No, it’s not your ‘constitutional right’ to refuse to follow a business’ mask policy
Homeless Housing Option: RetroFit Unused Parking Garages
What’s happening? Parking garages and lots have been used for restaurant and entertainment spaces during the pandemic. Now there is a potential to use pods, inexpensive living units that plug into parking structures as an effective way of dealing with housing shortages.
Why is this important? Building affordable housing is expensive. The City of Los Angles determined that it was more cost effective to use eminent domain to acquire an entire apartment complex rather than build new affordable housing.
How will this be important? The new economy will see a lot of urban property be underutilized whether it is office space or parking garages.
Route Fifty | Retrofitting Parking Garages Could Help With Affordable Housing Shortage
Bonjour, 3D Printed Community in Coachella Valley
What is happening? Coachella Valley community will cover five acres and include 15 eco-friendly homes made from 3D-printed panels by Mighty Buildings. $595,000 with swimming pool and deck. $850,000 with an added guest house. additional elements include high-tech Darwin wellness systems.
Why is this important? 3D printing had been the purview of solving housing shortages or addressing homelessness, but Coachella project is targeting specific buyers, some of whom are paying in bitcoin.
How will this be important? Consider our previous post about Icon 3D printing based in Austin, TX. There’s competition and variety in 3D projects, and that is exciting.
Los Angeles Times via Governing | California City Begins Building 3D-Printed Homes
BLM Historical Monuments.
What’s happening? Governments, state and local, are trying to figure out how to handle monuments that are about the Confederacy.
Why is this important? Because History is complex. Think of George Washington, who was critical to founding the US, but who also had sale
How will this be important? Policy makers and decision makers want to do the right thing, but it’s complicated.
Governing | History Matters: Debates About Monuments Reflect Current Divisions
Property Rights and Septic Tanks
What’s happening? MI is considering House Bills 5752 and 5753 to regulate septic tanks.
How is this important? This would be the first statewide regulation of septic tanks and required inspections for Michigan. Michigan’s Washtenaw County has a time of sale inspection requirement that revealed that 18% of septic systems were failing or near failing.
Why is this important? In a COVID world, some local governments are using waste water to test for COVID hot spots. Waste is a big deal for public health reasons.
Michigan Radio | Rights vs. Regulations: Property rights big barrier to septic system codes
Short Term Rental Fight in Utah.
What’s happening? Utah legislators are considering SB 211 (2021 | UT) that will bar cities from prohibiting owner-occupied, short-term rentals. The author is motivated in part by HOA bans on short term rentals.
Why is this important? Legislators are being asked who they trust more- local officials? state officials? or D.C.?
How will this be important? Statewide preemption for short term rentals has gone every which way, including a repeal of preemption moving along in AZ. Look to see what works where and adapt it to your state needs.
KSL | State senators argue over which ‘tyrant’ should rule on allowing short-term rentals
What’s happening? HB 63 (2021 | OH) would allow elected city officials and municipal legislative boards the ability to veto appropriations for use of a recreational trail, that uses eminent domain to obtain land, when the proposal was made by a public agency not elected by the public.
Why is this important? Accountability in eminent domain use has been at the heart of most eminent domain fights. Is the entity exercising eminent domain subject to being voted out of office. If not, it is a hard sell.
How will this be important? The amount of land is not increasing, making property rights increasingly more valuable.
Salem News | Green trustees continue battle against eminent domain
BLM. Returning Condemned Land to Ancestors. Oops, we shouldn’t have taken that.
What’s happening? Los Angeles County is trying to figure out how to handle the purposeful ousting of a successful entrepreneurial Black couple whose land was taken away by the City of Manhattan Beach via eminent domain in the 1920s under the ruse of saying the city needed a park.
Why is this important? These acts epitomize the new world, the new economy where doing the right thing matters.
How will this be important? More and more local governments and states are trying to rectify past wrongs. So to are stadiums that displaced primarily black residents.
The Patch | LA County Could Return Manhattan Beach Land to Bruce Descendants
No Eminent Domain for Transmission. Round 4.
What’s happening? The Missouri House again passed a bill to prevent the use of private land for the Grain Belt Express power line without property owners’ permission.
Why is this important? The supporting argument that gains traction here would apply to rail, pipelines and roads. The idea is that there should be no eminent domain if there is no direct benefit to the people whose land is being taken. In Missouri, it is a larger impact in that the power line that wants to use eminent domain will not provide power to Missouri at all.
How will this be important? The constant beat of no eminent domain for private gain is popular, especially among populist lean ing factions on both sides of the political spectrum.
KY3 | Missouri House opposes eminent domain for wind-energy line
Competing Property Rights and Short Term Rentals
What’s happening? Arizona is considering SB 1379 (2021 | AZ) that walks back statewide preemption of local short term rental rules. The change of heart moves from the idea that short term rentals are a part of our property rights vs. more control over short term rentals because property rights include the use and enjoyment of property by the neighbors.
Why is this important? Legislation to establish statewide rules that preempt local short term rental rules continues to make the rounds through state legislatures.
How will this be important? This fractures the vote on short term rental legislation.
Daily Independent | Mason: SB1379 needs fixing to address short-term rental issues
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
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