Monthly Archives: December 2020

COVID lockdowns were they compensable as a taking of property? The courts will decide. Legislatures will dance around it in 2021. Some states are utilizing COVID funds to reimburse small businesses that experienced Rioter/Looter damage. Property rights issues ran the gamut from the impact of Black Lives Matter in historical property acquisition, to how eminent domain is […]

South Padre Island, TX had set limits on the number of food truck permits at 12 and required permission from a restaurant owner. How did South Padre Island get there? Until 2016, the island banned food trucks. Then with local restaurant lobbying adopted the cap and approval requirement. Similar rules have been overturned in  San […]

Santa Fe New Mexico strengthened its short term rental rules this week. In the clarification the difference between short term rentals in commercial zoned property and residential zoned property are clear. What requirements are on commercially zoned short term rentals? No permit requirement. Registration only. No limit on number. How are residential zoned short term […]

The City: Knoxville, TN The proposal: $100M to address removing people from their property from the 1950s through 1970s under urban removal policies that displaced and marginalized residents, mostly Black Funding mechanism: City revenue + local, state and national grants How was eminent domain used during this time? The city utilized eminent domain to systematically tear down […]

The CARES Act saw California and Oregon use funds to purchase temporary housing in hotels for homeless. Oregon is moving beyond this, by spending $65 Million to purchase 20 underused hotels to provide housing for homeless. What is Oregon’s project called? Oregon’s Project Turnkey Who will operate the hotels turned homeless housing? nonprofit housing and […]

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 […]

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 […]

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 […]

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? […]