Land Use & Property Rights

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.

City Lab | Reducing Racial Bias Embedded in Land Use Codes

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?

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

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

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

Los Angeles Times Councilman wants L.A. to buy an apartment building using $46 million in COVID-19 aid

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

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.

Houston Chronicle | Houston OKs plan to let downtown bars, restaurants along Main to serve food and drinks in the street

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

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.

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?

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

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

Boston Globe | Voters overwhelmingly back ‘Right to Repair’ ballot question, reject ranked-choice voting

Above the Law | Massachusetts Voters Overwhelmingly Support Expanded ‘Right To Repair’ Law

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

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

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

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.

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

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

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

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

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.

News Press Now | Three solid choices for state rep

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

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”

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

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

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

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

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

@businessweek on Instagram

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

Wall Street Journal | How Airbnb Pulled Back From the Brink

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

• 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

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

Dallas Morning News | Gov. Abbott’s office to ‘re-evaluate’ bullet train project stance after being provided ‘incomplete information’

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

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

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

Houston Chronicle | Airbnb has removed 80 listings in Texas, including Houston, following crackdown on party houses

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