Eminent Domain Irony 2.0

Last week we broached the topic of irony at the Alamo. The name of the Alamo, where people fought to stop the taking of land, is being heralded as a reason to take land from a private business owner in the name of a museum. This week, the historical game of musical chairs is a popular topic. A Wall Street Journal editorial enters the fray. 

As often is the case, at issue is value of  the land. The WSJ looks at it from a willing buyer, willing seller perspective. The bar owner is willing to sell at $17 M. The last eminent domain appraisal was for $3.5 M.  That’s a $13.5 M gap.

The editorial poses this question: The question is whether it’s right for the government not only to take a person’s property but to set the price and negotiate with the threat of eminent domain hanging in the background.

WSJ | The Second Battle of the Alamo

Nuisance Laws & Pickle Ball

First, I read about a neighborhood park in New York that shut down pickle ball play because the players kept brawling like pickle ball is MMA. Now, it’s time to legislate pickle ball in some parts. Mayors are trying to address pickle ball noise complaints by making changes to their noise and nuisance ordinances.

Route Fifty | Mayors Try to Cope With Pickleball Craze

SuperBowl v. Private Property Rights

What is happening? Phoenix gave the NFL the power to call for the removal of temporary signage on private property that isn’t pre-approved by the NFL. A local business sued. Some legal experts have called it blanket prior restraint on speech. The business says it is losing revenue because of it.

Reason | Phoenix Sued After Giving the NFL Power To Censor Signs on Private Property

Who is responsible for abandoned migrant property?

In Florida, if a migrant abandoned a vessel on your private property, the owner of the private property paid to have the abandoned vessel removed. Governor DeSantis recently said, “We are going to clear the vessels free of charge for those residents because it wasn’t their fault.” Hey Texas, what about Texas private property on the border, who pays the cost for removing abandoned migrant property?

News & Miami | State law silent on who’s responsible for removing migrant boats abandoned on private property, but that could change

Who gets property value gains at a tax sale?

A 93 year old woman was $2300 behind on her property taxes in Minnesota. The County seized her condo and sold it for $40,000. The county kept the $37,700 above the tax debt. The Pacific Legal Foundation says “This is very bad for property rights.” How are tax sales treated in your state?

Reason | A 93-Year-Old Woman Couldn’t Pay Her $2,300 Tax Bill. The Government Sold Her Home and Kept the Money.

Building Codes & Emissions

What is happening? A wave of building code reforms have included electrification. Then last week the gas stove issue emerged raising the issue of emissions from gas stoves. Supporters of adopting model building codes say that the 2021 model code for residential buildings is 27% more efficient than the 2009 version.

Why is this important? U.S. Sen. Joe Manchin of West Virginia slammed gas stove issues and also was the architect of a new federal law packed with climate programs that could help states update their building codes and increase energy efficiency.

Route Fifty | Cutting Building Emissions is About More Than Gas Stoves

Building Codes to Reduce Heat

What is happening? Miami is the 1st city in the U.S. to adopt a  Extreme Heat Action Plan. This will include building codes that reduce waste heat and use lighter materials, and increase access to air conditioning. The city is also increasing tree planting as trees were devastated by Hurricane Irma.

Miami defines extreme heat as over 90 degrees. Days over 90 degrees, for at least 2 days, cost the city more than $10 billion annually because of lost worker productivity and heat related illnesses.

Why is this important? It’s past time to try new ways of tackling old problems, Miami-Dade County Mayor Levine Cava, says: “Now is the time to put ambition into action.”

Route Fifty | Miami-Dade Debuts Plan to Tackle Extreme Heat Problem

Backyard Green Burial Legislation

What is happening? This week the issue of green burials came up during the January 11th meeting on the Texas Sunset Advisory Commission recommendations for the Texas State Anatomical Board. Washington State legislators this week began consideration of HB 1037 (2023 | WA) to allow green burials on your own property.

Why is this important? We talked about this recently too, green burial policies are very popular.

My NW | Backyard family burial legislation introduced to WA House floor