Land Use & Property Rights

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

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

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

Texas Sunset Advisory Commission | Texas Racing Commission

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

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

Center Square Wisconsin | Republican lawmakers demand legislature overrule Gov. Evers on mask order extension

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

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

Market Watch | Bank of America sells $2 billion of bonds to help fight inequality in Black and Hispanic communities

1. COVID-19
2. Economic Renewal
3. Capital Market Risk
4. Public & Private Indebtedness
5. Affordable Housing
6. Flow of People
7. Space Utilization
8. Technology & Workflow
9. Infrastructure
10. 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®

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

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

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.

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

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

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

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

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

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 

Boston Globe | Bill to mandate diversity on bidding teams for state properties nears finish line in Legislature

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)

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

Minnesota: HF 2 (2020 | MN) will offer property damage relief for property in 2 ways.

1. Relief for property that was damaged by rioters through the new CIVIL UNREST IMMEDIATE RELIEF PROGRAM
2. 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

Massachusetts: H4854 (2020 | MA) favors housing grants near transportation nodes.

Prioritizes developments in areas hit hardest by the pandemic.

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

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’‘

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

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

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

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

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.

The Blaze | Teen Vogue op-ed calls for ending property rights, decries ‘cruelty of payment-based housing’

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.

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?

Texas Attorney General Opinion KP- 0324

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

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

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

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

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

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

Quad City Times | Capitol Digest

Explore Okoboji | Local Lawmaker Expresses Concern Over Eminent Domain Authority Of Iowa Utilities Board

The week of March 31, 2020, in 27 key markets, hotel occupancy decrease by 77% and short term rentals decreased by 45%.

Recovery for short term rentals has been steeper with roughly 2.5 million bookings per week worldwide.

S&P Global Market Intelligence | Short-term rentals weathered COVID-19 better than hotels, data firms say

 Where? Tennessee

Who? Tennessee’s General Services Commissioner

His proposal to reduce costs by reducing real estate is supported by:

• The cost of acquiring and maintaining property is a top 5 expense for Tennessee

• Since 2017, Tennessee has employed Alternative Workplace Solutions

What are the benefits of alternative workplace solutions for state workers?

• improved customer service
• boosted worker productivity and job satisfaction
• reduced its need for expensive office space
• saving $5 million in annual real estate costs

Governing | How to Shrink Government’s Expensive Real Estate Footprint 

Where: Roseau County, Minnesota

Who has partnered with landowners? Institute for Justice, a national nonprofit opposing the misuse of eminent domain

What does their opposition campaign look like? 2 50 foot trailers with their message

Remember, the Institute for Justices has local offices throughout the country.

Grand Forks Herald | Roseau County Landowners Coalition teams with national nonprofit to oppose local flood control, wildlife project

Helsinki discovered that the most cost effective means to combat homelessness was to pay the living expenses of homeless Finns.

Finland spends 15,000 euros less per year per homeless person by providing housing for the homeless.

@swedesinthestates 

Pressenza | Finland ends homelessness and provides shelter for all in need

Has your local or state government looked into the number of historic designations of Black, indigenous, & POC? They will.

New York discovered that 17 of the 37,000+  sites given landmark status are dedicated to abolitionist or Underground Railroad history.

2% of the 95,000 entries on the National Register of Historic Places reflect the experience of Black Americans.

CityLab Daily | How to Preserve Buildings Tied to Black History

Where: Michigan

What: The Michigan Supreme Court ruled that if property sold at a tax foreclosure sale by a county is sold at a profit, the profit goes to the property owner from whom the property was taken

The estimated cost of reimbursement to Michiganers? $2 Billion

Detroit News | High court: Michigan counties cannot make profit on tax-foreclosed homes

Indiana allows citizens to make arrests of people punching other people on private property.

New York Times | 2 White Men Charged After Helping Pin Black Man to a Tree in Indiana, Officials Say

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.

Say your political campaign needs a loan. Say that loan comes from an account funded with proceeds from compensation from a taking by eminent domain.

What disclosures are needed when the funds that a campaign are borrowing come from tax dollar funded eminent domain compensation?

Will this issue get more coverage? Do I need to pay attention? Yes, because its occurring in the race to replace Florida’s Congressman Yoho. You may have seen his name in more headlines this week.

Florida Politics | Judson Sapp amends financial disclosures to show source of campaign loans

Where: Lousiana’s Third Circuit Court of Appeal

What? Big companies shouldn’t be asking for forgiveness instead of permission when they take land

The surprise by the court: That the court said the company “trampled” the rights of the landowner

KPLC | Third Circuit says Bayou Bridge Pipeline trampled on landowners’ rights

AirbnB is conducting a study to root out discrimination.

In the last 4 years how many people has Airbnb removed from its platform for racism/discrimination? Airbnb has removed 1.3 million people 

ABC 11 | Airbnb conducting study to try to eliminate discrimination by hosts

Which corporation is committing funds for housing? Apple

How is Apple helping housing?

• committed over $400 million to housing programs
• pledged a total funding of $2.5 billion
  • $1 billion California affordable housing fund
  • $1 billion for home buyer assistance
  • using land valued at $300 million for affordable housing
  • $150 million committed to Housing Trust Silicon Valley
  • $50 million to Destination: Home
• fund over 1,250 new Bay Area affordable housing units
• + aid thousands of first-time California home buyers

Is Apple the only tech company stepping into housing? no, Google and Facebook are each allocating $1 billion to housing, including funding affordable units.

Will tech companies partner to reach these housing goals? Yes, Apple is partnering with nonprofit Housing Trust Silicon Valley

San Francisco Chronicle | Apple commits over $400 million of $2.5 billion California housing pledge

The public private project hyper loop project that won’t be permitted to use eminent domain? A Hyperloop in Missouri

How did the eminent domain prohibition pass? In an omnibus transportation bill HB 1093 (2020 | MO)

Can the project use public funds? no

Missouri Net | Parson signs megabill with partial motorcycle helmet repeal

How is exotic game classified under Texas laws? As Private Property, just as livestock and pets are

What does that mean for hunting regulations? Hunting regulations do not apply, you can ” hunt them “day or night,” says John Silovsky, deputy director of theTexas Parks and Wildlife Department. “No bag limits, no seasons.”

National Geographic | A behind-the-scenes look at Texas’ exotic animal ranches

Where: Minnesota’s Iron Range school district

How is the Iron Range school district using eminent domain? To build a new high school the school district seeks to take a charter school’s property

Is the district doing anything to help the charter school continue operations? yes, offering to assist with its relocation

Star Tribune | Minnesota public school district seeks to use eminent domain to seize charter school’s property

So you’ve found dinosaur remains on your property. Do you have rights to the fossils?

Well, if you’re in Montana, the 9th U.S. Circuit Court of Appeals, says if you are the surface rights owner, yes you have rights in the dinosaur bones. If you are the mineral rights owner, no rights in the dinosaur bones.

Why did the surface owner get the fossil rights?

• The fossils were found on the surface
•  In 2019 Montana Legislature passed a bill defining dinosaur fossils as part of a property’s surface estate unless they are reserved as part of the mineral estate.

The value of dinosaur bones: $$$ millions.

Colorado Politics | OUT WEST ROUNDUP | Court says dinosaur fossils part of surface rights; New Mexico cancels state fair

What will the Texas Attorney General be asked to offer an opinion on in RQ-0362-KP?

Are local government ordinances/emergency orders valid that prohibit, delay or restrict eviction?

Who is asking for the opinion? Senator Brandon Creighton

What question will the Texas Attorney General decide?

• Does the Texas Government Code give the University authority to remove a statue of Lawrence Sullivan Ross?
• Or, does the state, through the Preservation Board or the Historical Commission, have to approve the removal?

RQ-0361-KP

Which state is considering legislation to allow quarantines with no executive order? Hawaii

Which governmental agency would be granted quarantine authority? Hawaii’s Department of Health

How would this work?

• State health director would have authority to declare a public health emergency
• State Health Department would have temporary emergency powers
• The agency could then :
  • impose of health screening, testing, contact tracing, quarantine and isolation protocols
  • require declarations of health status and travel histories from arriving travelers
  • order the temporary closure of schools or businesses

HB 2502 (2020 | HI) and HB 1049 (2020 | HI) containing provisions similar to HB 2502

Hawaii Tribune Herald | COVID-19 bills introduced in Legislature

Where: Colorado

What: HB20-410 (2020 | CO) details the state’s use of Coronavirus Relief Fund 

How are the rental relief funds being used under this bill?

• A portion to homelessness
• A portion to housing development grant fund
• A portion to Medicaid to support assisted living facilities

What data privacy issues are at play in COVID tracing apps beyond personal information?

• federal preemption of state law
• the right of private parties to sue to enforce their rights in their data privacy
• how much data, even anonymized, can a corporation or governmental entity access
  • can that data be sold?

What does polling say about giving up data privacy for contact tracing? People aren’t ready to say yes to giving their data for contact tracing

National Law Review | Privacy vs. Security in the Post-Pandemic World

Apple’s WWDC announcement this week contained a repeat of its position on the right to privacy:

“Privacy is a fundamental human right. At Apple, it’s also one of our core values. Your devices are important to so many parts of your life. What you share from those experiences, and who you share it with, should be up to you. We design Apple products to protect your privacy and give you control over your information. It’s not always easy. But that’s the kind of innovation we believe in.”

Why does this matter? Check out the Data Security Section where we have legislation that is seen as government access to private data or look at COVID legislation on tracing applications.

Apple | WWDC 2020

The Institute for Justice sent Michigan Governor a letter supporting opening garden centers that included the following private property reasons:

• “Growing food at home is the surest and safest way for Michiganders”
• Unequal treatment of garden centers when grocery and home improvement stores can be open

Eminent domain was proposed by a city in Arkansas to remove a confederate statue from private property.

Virginia Gov. Ralph Northam’s office is proposing eminent domain to remove a Robert E Lee statue in Richmond, Virginia.

Eminent domain is mentioned as a way to preserve a statue of President Theodore Roosevelt that was removed from outside the Natural History Museum.

New York Sun | ‘Theodore! With all thy faults —’

Arkansas Democrat Gazette | Hot Springs given 2 options to move Rebel statue

Washington Post | Northam’s case for removing Lee statue was devised by a lawyer descended from slaves

The City: Santa Fe, NM

What revisions is Santa Fe considering to spread out short term rentals?

• Prohibit new permit within 75 feet of an existing rental
• Permits will only be granted to individuals not companies, partnerships or LLCs
• Owners must live in the city and be available at all hours
• Limit of 1 group/person every 7 days

Santa Fe New Mexican | Santa Fe wants to tighten restrictions on short-term rentals

The State: Idaho

How many food trucks were granted provisional licenses to operate at rest stops? 30

What does Idaho say prevents it from allowing the food trucks to continue at rest stops? Federal Regulations

CDL Life | State’s Rest Area Food Truck Permits Will Not Be Renewed

Where: Marthas Vineyard, MA

How is Martha Vineyard considering amending its food truck rules in a COVID world?

• Limiting Food Trucks to trucks parked outside existing restaurants
• Allow restaurants within 200 feet of a proposed food truck veto power

MV Times | How food truck regulations roll

What do you mean protestors take over property?

• 2016– a group of “right-wing extremists” took over an Oregon wildlife refuge
• 2020– a group of “left-wing extremists” take over public and private property on Seattle’s Capitol Hill

What stopped the protestor occupation?

• In 2016 federal authorities, after a 30 day standoff, arrested the protestors
• In 2017 Seattle’s now mayor, then a US Attorney, supported forcibly removing protestors
• In 2020, Seattle’s protestors were diverted to the building to defray threats to burn a police station. Removal of the protestors is still pending

KIRO | Dori: Mayor Durkan has no consistency on takeover of private property

Eater Seattle | What It’s Like to Eat Inside Seattle’s Much-Discussed Protest Space

• June bookings grew, year over year, for the first time since February 2020
• People have the travel bug after being home
• In May 2020 AirBnB was able to raise $2Billion

What steps did AirbnB take during COVID?

• Offered refunds
• Established safety and sanitizing protocols
• Established a $250 million relief fund

CNBC | Airbnb is poised for a comeback after a brutal spring

Meet the 11 judge panel D.C. Circuit.

The 11 judge panel is considering Allegheny Defense Project v. FERC proceeding.

Why does this matter to those impacted by eminent domain policy? This case includes the following arguments by FERC Commission Glick:

• “Eminent domain is among the most significant actions that a government may take with regard to an individual’s private property.
• And the harm to an individual from having his or her land condemned is one that may never be fully remedied, even in the event they receive their constitutionally required compensation,”
• “Bearing those basic facts in mind, there is something fundamentally unfair about a regulatory regime that allows a private entity to start the process of condemning an individual’s land before the landowner can go to court to contest the basis for that condemnation action.”

Utility Dive | FERC prohibits pipeline construction, allows land seizures as court weighs ‘legal purgatory’ of rehearing delays

The new supporter of property rights in your online data? Bitcoin & blockchain advocates

What attributes of the current internet industry are highlighted by property rights supporters as a need for property rights in your data? 

• That companies are starting to act like gate keepers by censoring information
• Growth of implicitly state-controlled platforms like TikTok
• Consolidation of internet platforms into static oligopolies that limits an individuals ability to move their information freely

CoinDesk | Your Property Rights Should Extend to Social Media

• A House investigation that eminent domain is permitted in 99% of pipeline requests over the last 20 years
• That every property owner appeal to FERC in the last 12 years was denied
• Concerns from land owners
• A desire for open, fair and transparent process by the FERC chair

The Hill | Energy commission rule will delay pipeline construction during appeals process

Where: Iowa

What: An amendment to an existing medical malpractice bill sets up limited liability for meat packing plants and other employers relating to COVID causes of action.

Are there exceptions that permit a COVID lawsuit?

• if COVID required hospitalization
• if COVID caused death
• if the employer intended harm

What does the legislation require before immunity applies?

• that the business complied with any federal, state or public health guidelines or statutes related to COVID-19

Des Moines Register | Iowa House Republicans put forward plan to protect businesses, medical providers from COVID-19 lawsuits

Which eminent domain related issues are percolating on a pipeline project? The lack of PPE with pipeline construction workers

What specific issues are being raised by landowners? Construction related workers who are:

• not wearing masks
• not wearing gloves
• not following social distancing rules

Clean Technical’s | Oil Pipeline Projects Continue To Burden Landowners During Pandemic — Misuse Of Eminent Domain

Where: Colorado

What will be required of short term rentals in the new COVID rules?

• Must provide hand sanitizer
• Must provide cleaning products
• Mandatory 24 hour waiting period after a tenant has left to clean following CDC standards
• Requires any soft objects that are hard to clean, like pillows or extra throw blankets, be removed
• Guests who’ve been sick or been in close contact with someone with COVID-19 will have to cancel their stay. 

Colorado | Safer at Home: Short-term rentals

Monday: Birmingham Alabama removed confederate statues.

Tuesday: Alabama Attorney General sues Birmingham for removing the confederate statues.

What remedy does the Alabama Attorney General want from Birmingham for the alleged violation of the Alabama Memorial Preservation Act?

• $25,000 fine

Does this sound like deja vu? Yes, a similar statue fight went to the Alabama Supreme Court in 2017.

The Mayor said the fine is cheaper than the ongoing risks to the city from the demonstrations. A group of pastors has raised $60,000 to pay the fine.

CourtHouse News Service | Alabama AG Sues Birmingham for Removing Rebel Monument

NPR | Confederate Monument Being Removed After Birmingham Mayor Vows To ‘Finish The Job’

Where: Minnesota

What: SF 4255 (2020 | MN) would allow property owners to consent to a mobile unit to park on their property to distribute medicinal cannabis

How would this mobile distribution center work?

• require the property owner and cannabis distributor to agree to a specific time & place
• require a pharmacist to be present

Governing | Legislative Watch: The Cannabis Industry in the Age of COVID

The state: North Carolina

The legislation: HB 1174 (2020 | NC)

What’s the goal? Allow businesses to be compensated when they are closed, partially or completely, by a governor’s executive order.

How does the bill get there? Amend the state constitution to define a full or partial business shutdown by governor executive order as an inverse condemnation. 

Compensation contemplated: Loss of income + property losses

Winston Salem Journal | N.C, House bill would allow business owners to sue over shutdowns

The City: Denver

The issues raised by the Auditor:

• Lack of detail in the eminent domain policy
• Lack of detail in its communication with the Controller’s Office about eminent transactions
• Auditors believe details would limit the city’s liability
• Need for a deadline to record an eminent domain acquisition (one was recorded 1 year from the acquisition which was considered too long)

Colorado Politics | Denver auditor finds record keeping, communication deficiencies at city real estate office

Where: Missouri

What project has sparked this ongoing push to prohibit eminent domain for transmission lines? The Grain Belt Line which will move renewable energy through several states, including Missouri

What does the Missouri Farm Bureau want?

• That transmission companies negotiate with landowners for property/easements
• That the negotiations be for freely negotiated rates
• Align the property acquisition to the same standards as wind turbines

Ozark Radio News | Opinion: Legislative session marred by missed opportunity on property rights

How many states universally accept out of state occupational licenses for new residents? 1

Which state? Arizona

Are there limitations to Arizona acceptance? Yes.

• Must be licensed for 1 year
• No criminal convictions
• No disciplinary actions

Supporters say:

• Removes obstacles for spouses relocating to Arizona
• Removes unnecessary burdens on businesses
• Strict licensing requirements is a result of bullies serving on boards

Governing | Arizona Becomes the First to Recognize Out-of-State Job Licenses

Which Certificates of Need are likely on the policy chopping block? Certificates of Need for Hospitals and health care centers

Why? What are the policy reasons?

• Industry specific requirement that targets only healthcare
• Anti- Competitive to have to prove to a governmental entity that “your competitors don’t have enough capacity and there is an unmet need”

Who supports this? Institute for Justice

How many states have implemented a Certificate of Need requirement for health care facilities since the 1960s? 49. All except Lousiana

Governing | As Economy Reopens, a Push to Rethink Regulations

What did the appellate court say? Yes, Texas Central is a railroad thereby authorizing eminent domain authority

Up next: Appeal to the Texas Supreme Court

The Eagle | Opponents of Brazos Valley high-speed rail likely to appeal latest court ruling

D Magazine | Texas Central High-Speed Rail Wins Four-Year Court Battle

Where: North Dakota

What online property posting is being launched in North Dakota?

• Posting land for hunting access

Who will operate the online dates for hunting lands?

• The state Game and Fish Department’s online licensing platform

St. Louis Patch Dispatch | North Dakota launching online land posting app in 3 counties

Can local government commandeer property during an emergency in Texas?

No. Not going to happen without changing some laws.

What law needs to change? Government Code section 418.108

Can the Governor commandeer property during a disaster? Yes, Government Code subsection 418.017(c) specifically allows the Governor to commandeer property

KP-0304 (2020)

Question 1: Can local emergency orders include blocking property owners from accessing their 2nd homes?

Answer 1: No, unless a court determines that the local government is legitimately using its police power

Question 2: Can local emergency orders limit the use of 2nd homes by property owners?

Answer 2: No, and the Governor’s Executive Order states it supersedes local authority with this line: “any conflicting order issued by local officials in response to the COVID-19 disaster, but only to the extent that such a local order restricts essential services or reopened services allowed by this executive order . . .”

KP-0308 (2020)

Where: Missouri

What: SB 618 (2020 | MO)

What type of bill is this 3rd attempt of 2020? a bill about how gas companies deal with a government-mandated infrastructure surcharge

How was it added? In House committee and the House has approved the eminent domain prohibition previously this legislative session

Energy News | Missouri eminent domain bill takes aim again at Grain Belt Express project

Where: Big Daddy Zane’s, a bar in Odessa, Texas

Did the bar owner talk to the local sheriff? Yes, she says the Sheriff advise to keep the armed supporters out of sight

Where did the bar owner stage the armed supporters? On her private property “in the back”

CBS 21 | Arrests After SWAT Team Confronts Armed Protesters Supporting Texas Bar Owner Who Reopened Business

Where: Florida

What’s the lawsuit by short term rental owners about? By prohibiting short term rentals in the Florida Executive COVID Order, the Governor denied property owners use of their property

Did the Governor’s Order also close motels and hotels? No

Tampa Patch | Vacation Rental Property Owners Sue State For Coronavirus Losses

The State: Missouri

How did Missouri use federal COVID stimulus funding for meat packing? Allocating in the state budget $20 M to get meat packing plants up and running

What is the Missouri Cattlemen’s Association saying? “production has slowed as plants spread out workers for social distancing.”

KRCG | Missouri senators set aside $20M for meat packing plants

Cities that are considering removing minimum parking space requirements:

• Los Angeles
• San Francisco
• Austin has waived the requirement
• Seattle gives out transit passes rather than requiring on-site parking at each residential building
• Dallas is turning parking lots into parks

How has parking been impacted by COVID? Demand down 90% since mid-March

What companies are innovating parking space industry?

• Parking Spotter
• Spacer
• SpotHero
• Curbstand via a valet solution
• AirGarage
  • Partners with churches, hotels, restaurants- allowing the church or business to retain 70% of parking space rental fee

How have they pivoted after COVID?

• Utilizing parking spaces for pop-up grocery stores
• Empty parking lots have become pop-drive ins

The Hustle | Will COVID-19 change the parking business?

What legal question needs clarification in Texas?

• May a school district lease property when the lease is:
  • to a private party
  • the value of the lease exceeds the value if the district sold the property
  • the property will be used for non-educational purposes

RQ-0350-KP

Where: Gunnison County, Colorado

What: On April 3rd the County ordered owners of second homes in the county to leave or stay away

Supporters say: Local governments have police powers to protect health and safety. The County has one of the highest rates of COVID and limited hospital resources.

Opponents say: Violates the rights of Americans to travel freely

What did other Colorado local governments do?

• Aspen: Self quarantine for 14 days
• Clear Creek County closes to out of county visitors

Colorado Sun | It’s unclear if Colorado counties can legally evict visitors to slow coronavirus. But one is doing it anyway.

Which State Attorney General: Texas

What question will the Texas Attorney General answer?

• whether a local governmental entity under an emergency declaration has the authority to (1) prevent an owner of a second home from occupying their property and (2) limit occupancy of housing based on length of the occupancy’s term.

RQ-0352-KP

Where: Florida

What: SB 410 (2020 | FL)

How did SB 410 begin? As a requirement that local governments include private property rights in their comprehensive plans

What does the bill do now?

• Prohibits counties from making any land use decision “that serves as a limitation” on a cities’ land use and zoning practices.
• Cities can offer express consent for the county’s land use decisions
• This need to express consent applies to current city limits but also any land that may annexed by a city
• Applies to counties under 750,000

Florida Today | Our view: Governor should veto overloaded SB 410, which invites brawls on land use decisions

The Texas Attorney General Opinion Request: RQ-00348-KP

Who requested the Attorney General Opinion? The Commissioner of Banking

What question will be answered? whether a licensed PEO ( a staff leasing company) that collects payroll funds in advance from an employer-client to be remitted to covered employees at a later time is subject to the licensure requirements ofthe Money Services Act ifthat entity holds a PEO license under the Labor Code.

Why did this issue pop up?

• Texas Department of Banking also regulates PSPs, payroll service providers 
• traditional PSPs receive compensation from Texas employer-clients in exchange for the receipt and subsequent transmission of payroll wages and taxes to employees
• traditional PSPs require a money transmission license

The Attorney General Office: Texas

What question will Texas Attorney General Opinion answer? Whether or not Dallas County Commission has authority to change interest rates charged by pawn shops

What limitations did Dallas County Commissioners impose on pawn shops?

• Limit customers to 1 in the facility at a time
• maximum 15% APR
• extend how long a pawn shop must hold property
• with penalties of up to 180 days in jail and a $1000 fine

RQ- 0347- KP (2020)

State leaving beach closures to local officials: Texas

State closing beaches statewide: Florida

Did all local entities close Texas beaches? No

•  City of Galveston closed since March 29 
• Non incorporated Galveston opened beaches on April 13th
• Galveston Island State Park re-opened as all state parks did by Governor declaration on April 13th
• Corpus Christi beaches closed for Easter weekend, continue to be open until 8 p.m. daily
• South Padre Island beaches are only open for “active exercise”
• Rockport beaches are closed until April 30

Did Florida pivot to locals for re-opening? Yes, the decision to re-open will be that of local officials

Spectrum news | Florida Beaches Facing Criticism but Some in Texas Never Fully Closed

Where:  Illinois’ Naperville Park District

How is the park district adopting esports while athletic fields remain closed?

• created a six-week eSport competition 
• based on  Rocket League
• open to players of all ages and all skill levels
• no cost for participation

Benefits of incorporating esports into parks?

• not every parent can cover the cost of sports
• gender and disabilities become irrelevant in virtual games

What virtual classes is the park offering?

•  virtual services at NaperParks2You
• dance lessons
• yoga for children
• art, nature and learning activities
• Zumba class for seniors

Governing | Parks District Goes Virtual

Which property rights advocates? The Institute for Justice

What COVID related reforms is the Institute for Justice working on?

• Regulatory barriers for professional licensing
  • Medical licenses scope of practices issues identified in 7 states: CA, TX, FL, GA, NC, VA, OK
• Regulatory barriers for small businesses
  • Supporting Michigan independent garden centers and nurseries ability to operate during COVID
• Limit government overreach during the crisis

Institute for Justice | Opening Opportunities and Fighting Abuse — IJ’s Response to the COVID-19 Crisis

Where: San Francisco, CA

What: The city has been paying for hotel rooms. City Controller estimates that the 7,000 rooms could cost over $105 M over 90 days

What’s Phase 2? Commandeering hotel rooms which prompted this memo from the City Attorney Office

Curbed San Francisco | SF mayor, county may seize private buildings for coronavirus relief

Where: California

What new rules may be imposed on restaurant owners?

• disposable menus
• temperature testing patrons
• increased cleaning and sanitation
• reduced in restaurant capacity
• mask requirements for what staff

Sacramento Bee | Disposable menus and temperature checks. A new normal is coming when COVID-19 restrictions lift

California Governor listed 6 factors to consider in re-opening the state for business:

• Expanding testing
• Protecting high risk groups, including seniors, the medically vulnerable and people in facilities like nursing homes
• Ensuring hospitals have enough beds and supplies to care for patients
• Progress in developing treatments
• Ability of schools and businesses to support physical distancing
• Ability to decide when to reinstitute stay-at-home orders if needed
  

The 3 that concern property rights:

• whether schools can support social distancing
• whether businesses can support social distancing
• the ability to have additional stay at home orders (which may or may not trigger compensation)

Sacramento Bee | California will look at 6 factors to determine when stay-at-home orders will loosen, Newsom says

Where: New Jersey

What does the Executive Order permit?

• The New Jersey Civilian Defense and Disaster Control Act allows the Governor to permit the taking of property with compensation
• Including the state commandeering/taking personal services by the State Director of Emergency Management

How will compensation be decided for these takings?

• The Act allows the Governor to establish emergency compensation boards in each county
• Each county board will have 3 persons appointed by the Governor 

New Jersey Governor Executive Order 113 (2020)

Where: Florida

Why are courts are deciding whether the Governor can be forced to close beaches statewide?

• The Governor only closed beaches in Broward and Palm Beach counties
• Local officials would like to close other local beaches
• Property Rights activists got involved
• Lawsuits ensued
  • Uhlfelder v. DeSantis, Fla. Cir. Ct., 20-CA-552, 4/7/20
  • Mike Huckabee, filed a federal lawsuit on Monday over local beach closures that they claim violate their privacy and private property rights.

Bloomberg Law | Florida Judge Won’t Force State Beach Closures to Halt Virus