InfoHive – Eminent Domain

What is happening? The Texas Supreme Court has granted a re-hearing to determine whether a high speed rial project in texas qualifies to use the power of eminent domain.

Why is this important? Oral arguments are set to take place on Jan. 11, 2022. The trial court said no eminent domain. The appeals court said yes. So anything can happen.

How will this be important? The case impacts not only the pending high speed rail between Dallas and Houston but additional high speed rail proposals on the I35 corridor from Dallas to Austin to San Antonio

RT&S | Texas Central now has a date with the Texas Supreme Court regarding its status as a railroad company

What’s happening? California is building the world’s largest wildlife bridge over the 101.

Why is this important? The 200-foot-long, 165-foot-wide wildlife bridge will provide passage for a nearly extinct mountain lion.

How will this be important? The project is large ins cope and will be a partnership involving Caltrans and the National Wildlife Federation, which has raised more than $72 million for the project.

Bend BUlliten | California expected to break ground on world’s largest wildlife bridge

What is happening? Fredericksburg Texas wants to limit short term rentals, which officials say account for 30% of the properties in the historic district.

Why is this important? The hot topic: current city requirements are for only 1 parking space, but some large homes sleep 16 people. Lot of cars, small town.

How will this be important? Short term rental supporters are relying on the economic impact of short term rentals on everything from landscaping companies to plumbers.

KXAN | Why more than 400 Fredericksburg short-term rental owners are opposing city ordinance changes

What’s happening? Los Angeles is creating a cultural easement to grant priority access to parklands for indigenous ceremonies easier.

Why is this important? The City is acknowledging the taking of land from indigenous peoples.

How will this be important? Social Justice issues, such as the treatment of indigenous populations is growing. Local governmental entities will look to find ways to address these issues as a way to acknowledge past actions that impacted indigenous people.

Los Angeles Times | ‘We’re sorry’: L.A. moves to make amends for wrongs committed against Indigenous people

What’s happening? Colorado has a new agricoltaic facility. Meet Jack’s Solar Garden in Boulder County. Its 4 acres covered with solar panels with crops growing beneath.

Why is this important? More biodiversity, and growing crops with less water. The panels can generate enough electricity to power 300 homes & the land underneath can grow carrots, kale, tomatoes, garlic, beets, radishes, lettuce

How will this be important? Scientists are considering covering canals with solar panels to generate electricity and to limit evaporation.

Wired | Growing Crops Under Solar Panels? Now There’s a Bright Idea

What’s happening? Add Norcol to the list of communities that are banning short term rentals from their communities.

Why is this important? Temecula, Chino Hills and Costa Mesa have all previously banned short term rentals

How will this be important? The winning argument was promoting quality of life by banning short term rentals. For these communities quality of life trumps property rights.

Press Enterprise | Norco bans short-term rentals such as Airbnb

What’s happening? Oregon passed SB76 (2021 | OR) a $200 million wildfire prevention bill that calls for home hardening measures plus firefighting capacity, expanded forest management plans and clean air shelters

Why is this important? Home hardening regulations are targeting the wildland-urban interface. This will include clearing flammable brush from the “home ignition zone” 

How will this be important? Its going to be a process in Oregon and could be a learning tool for other states as Oregon begins mapping fire vulnerabilities to determine where home hardening may be required.

Builder | OREGON PASSES WILDFIRE BILL TO PROTECT HOMES FROM FUTURE DESTRUCTION

NPR | Oregon Has A New Plan To Protect Homes From Wildfire. Homebuilders Are Pushing Back

What is happening? The Asphalt Art Initiative has extended grants to 6 US cities to improve blighted areas through asphalt art.

Why is this important? Qualifying projects must improve safety, revitalize public spaces and engage local communities

How will this be important? “Asphalt art projects help cities reclaim public spaces, make them brighter and safer and build community–all-important goals, especially amid the continuing hardships of the pandemic,” said Michael R. Bloomberg, founder of Bloomberg Philanthropies

Route Fifty | 26 Cities Awarded Arts Grants to Transform Blighted Areas

What’s happening? San Diego is revising their local zoning laws and permitting residential lots to be subdivided into 4 plots for 4 residences. The legislative route for this is Senate Bill 9 (2021 | CA) Opponents say this harms the suburbs. Have they seen Houston?

Why is this important? Urban, within the city limits of the primary metro area, growth coupled with little supply of housing is creating changes to zoning laws.

How will this be important? This is a property rights issue. Protecting the integrity of status quo property rights vs. allowing the highest and nest use of my property rights by subdividing my property.

Is there a catch in SB 9? Yes, the law requires the home owner to make the changes to their property which can be costly and can be a challenging system to navigate.

San Diego Union Tribune via Governing | Is California’s Latest Zoning Law Change the End to Suburbs?

What is happening? California Governor Newsom budget includes $1.75 billion one-time Coronavirus State Fiscal Recovery Fund to shovel ready affordable housing units, which have successfully acquired HCD funding. This keeps the projects from waiting to apply for state tax credits and moves the projects along more quickly.

Why is this important? We’ve seen creative ways to expedite affordable housing, like Los Angeles considering eminent domain of hotels or existing apartments to allocate to affordable housing.

How will this be important? Streamlining affordable housing is a popular subject of the moment.

Governor Newsom Housing & Homeless Budget