InfoHive – Eminent Domain

What is happening? The uses of drones continues to expand and laws may or may not be keeping up. This week we learn that Colorado authorities used drones to locate a golden retriever that ran off into the mountains after a car accident 3 months ago.

Why is this important? Some laws limit drones flying over private property, and may not allow for exceptions like looking for missing pets. How does your state law stack up? Can drones be sued to look for missing pets, even if those drones fly over private property?

How will this be important? Animal advocates will want to make sure that laws and ordinances in their area allow for looking for missing animals.

Daily Paws | Drone Helps Rescue ‘Miracle’ Golden Retriever Who Was Missing for 3 Months in Colorado Countryside

What is happening? UK Law Commission is exploring apply private property rights to digital assets.

Why is this important? “While the Commission considers the law of England and Wales sufficiently flexible to accommodate digital assets, it believes that certain aspects of the law need reform to ensure that digital assets benefit from consistent legal recognition and protection”

How will this be important? Adding digital assets into existing private property laws could be a roadmap for US jurisdictions.

UK Law Commission Launches Consultation on Digital Assets

What is happening? Landowners in Iowa are suing over pre-condemnation surveys saying that compensation should apply for entering land to survey under the wording of the constitution.

Why is this important? Stories abound of land damage from surveys.

How will this be important? Applying compensation requirements to surveying could alleviate some land owner concerns.

Iowa Capital Dispatch | Landowners say forced pipeline surveys are unconstitutional

What is happening? Miami Dade Mayor is considering landlord subsidies to help lower rental rates. The program was developed by large apartment operators and builders.

Why is this important? A total of $10 million in subsidies would be available for landlords from the program that would be funded in part with property-tax dollars.

How will this be important? Subsidies would amount to $167 a month for 4,500 apartments and rental homes within targeted rent ranges with tenants that would have rentals at reduce rents to “workforce” levels ($136,000 for a family of 4).

Governing | Miami-Dade Mayor Proposes Subsidies to Lower Rent Costs

What is happening? California legislators have agreed to prevent cities from mandating parking spots at new development projects within 1/2 mile of transit stations.” AB2097 (2022 | CA)

Why is this important? Its more limited than prohibiting new parking space requirements for all new construction.

How will this be important? A Government Accountability Office report says that adding parking spaces increases building costs. For affordable housing it can add $50,000 per unit.

Governing | Why California’s Parking Reform Matters for Housing and Climate

What is happening? The State Budget in Pennsylvania created the $125 million Whole-Home Repair Program that will offer grants of up to $50,000 for people to repair, improve and weatherize their homes. 

Why is this important? The program is for homeowners, tenants in a smaller building, and small landlords with a need for critical repair. There’s an income requirement for grant recipients.

How will this be important? PA has a Republican controlled Legislature and the program came from a self-described Democratic socialist lawmaker.

Route Fifty | State Lawmaker Discusses New $125M Program That Will Help Pay for Home Repairs

What is happening? We’re talking this week about a shortage of rentals so it seems like we should also talk about the best places to rent. 5 of the top 10 are in or around Austin, TX.

Why is this important? Everyone loves Austin. I love that everyone loves Austin. Think about it would you rather have a delicious tasty treat or a pile of poop?

How will this be important? The top 10 places to rent an apartment: Round Rock, Texas; Raleigh, North Carolina; Conroe, Texas; Greenville, South Carolina; Orlando, Florida; Jacksonville, Florida; Charlotte, North Carolina; Charleston, South Carolina; Atlanta; and Austin. 

Route Fifty | Best US Cities to Rent an Apartment

What is happening? The need for apartment housing exceeds the U.S. supply of apartment housing by 600,000.

Why is this important? The National Multifamily Housing Council and the National Apartment Association research indicates that the nation needs 3.7 million new units by 2035 to meet demand.

How will this be important? Industry says it is local government regulations like zoning, land use, height limits, off-street parking requirements and permitting delays,  fast-track permitting, discounts on the purchase of public land, zoning for denser development, investing in utility and sewage infrastructure for infill projects,  legalize high-density apartment construction near transit stations.

Route Fifty | The US Needs Millions More Apartment Homes. What Can Localities Do to Help Boost Supply?

What is happening? Briefs are coming in hot for the US Supreme Court to hear the 5th Circuits case that said there is no timeline for governmental entities to pay just compensation in eminent domain.

Why is this important? Courts are split. Property Rights advocates say 5th and 14th amendments effectuate the right to timely compensation and federal courts are empowered to enforce that civil right.

How will this be important? How many states are going to put in timelines now? A lot….because who knew property has been taken and funds withheld.

BRIEF OF AMICUS CURIAE OWNERS’ COUNSEL OF AMERICA IN SUPPORT OF PETITIONERS ARIYAN, INC., DBA DISCOUNT CORNER, et al.

What is happening? The NY Times published an article about how a college professor who studies housing discrimination had his house appraised and received an appraisal of $472,000. This Black professor then asked a white professor to stand in as the home owner and he removed anything from the home that indicated that a resident was Black. The new appraisal? $750,000.

Why is this important? Maybe I take this one personal, because appraisals differ if I am the person present or my spouse is, for the same reason, the difference in our skin tones. This is ridiculous.

How will this be important? There’s pending litigation in this instance, but there is a systemic problem if we cannot value inanimate objects without bias against the owners.

@nytimes