new state pre-emption avenue: affordable housing

Reasonable minds say that more affordable housing is needed. However, changing zoning laws isn’t easy when your voting constituents favor NOT IN MY BACKYARD (NIMBY). The answer? Some think it’s going to be state preemption of local zoning regulations that require affordable housing to be built. Potential winners? Affordable Housing developers.

Route Fifty | Will States Force Localities to Build Affordable Housing?

1 year study begets STR rules

Chattanooga Tennessee spent 1 year studying short term rental rules, and adopted rules this week. The new rules will limit new short term rentals to commercial areas that allow hotels. Supporters say the new rule will help enforcement with illegal short term rentals and will help prevent vacation rentals from overrunning local communities.

Chattanooga Times Free Press | Chattanooga City Council OKs new rules for short-term vacation rentals after a year of work

constitutional protections from reverse search word warrants?

Colorado law enforcement have been using reverse keyword search warrants that allow law enforcement officers to see what people have been searching on google. An attorney with the National Association of Criminal Defense Lawyers says “The keyword warrant here made Google search everybody who searched for anything over the course of more than two weeks.” Attorneys say it’s a new issue for courts. Hello 2025, Texas legislature. All other states, act accordingly.

Governing | Colorado Hears Challenge to Police Use of Google Search

eminent domain to seize stadiums

Once upon a time eminent domain was an issue to preserve the Oakland Raiders. Today people are talking about Oakland using eminent domain to seize the As stadium. Think of it like divorcing parents fighting over custody, in this case it is custody of the stadium.

San Jose Mercury Times | Borenstein: Oakland should seize the A’s stake in the Coliseum through eminent domain

what stopped a short term rental bill in South Carolina?

South Carolina saw a statewide wide regulation of short term rentals come to a full stop. So, what was the winning argument that halted the bill? That the bill was “usurping cities’ self-governing rights.”

Post & Courier | Bill limiting short-term rental rules in SC is dead for the year but could resurface in 2024

surveyors & pre-condemnation access

A court in Iowa ruled this week that surveyors for carbon pipelines cannot enter land before condemnation. The district court found that a surveyor entering land without consent of the land owner is a  “government taking without providing just compensation.” 20 similar suits are pending in Iowa & South Dakota.

Des Moines Register | Iowa law allowing surveyors on property for carbon capture pipeline ruled unconstitutional