How New Orleans Works to Prevent Building Collapses

What’s happening? New Orleans is doubling down on building inspectors to ward off building collapses.

Why is this important? New Orleans is automating a system to compare GPS data from city inspectors with inspection records. The system will also work to ensure properly credentialed inspectors go to building cites.

How will this be important? By continuing to audit inspection process, it can help identify dangerous situations.

Route Fifty | How Local Governments Can Prevent Building Disasters

ROI: Denver’s Housing Program

What’s happening? Since 2016 Denver has housed 260 individuals who have been arrested multiple times, in need of housing & support, and with mental health issues. The program has saved Denver millions in reduced city spending on police, court, emergency medical, ambulance and jail services.

Why is this important? We talked about it last week too. $8.6 million came from social impact bonds that the city was able to repay at $9.6 million.

How will this be important? After 3 years Denver found 77% were living in stable environments. Denver er is expanding the program.

Pew Charitable Trusts via Governing | Denver Permanent Supportive Housing Program Saved Millions

Banning Short Term Rentals in Residential Neighborhoods

What’s happening? A judge in Hendersonville, TN ruled that the city’s ban on short term rentals in neighborhoods is unconstitutional because it interferes with a land owners ability to use her land and that current laws exist to handle issues like public intoxication and nuisances.

Why is this important? Most jurisdictions are trying to find ways to accommodate neighborhood complaints about short term rentals.

How will this be important? Lets start counting how many localities try a full fledge ban in residential neighborhoods

Hendersonville Standard | Judge finds city’s short-term rental policy unconstitutional

National Apartment Association vs. CDC

What’s happening? The National Apartment Association has filed suit against the CDC over its eviction moratorium claiming it amounts to a taking of property without just compensation.

Why is this important? Previous attempts at these lawsuits have not been great, but a June US Supreme Court ruling concerning a regulatory taking shows promise.

How will this be important? Will the US Supreme Court ruling in Cedar Point Nursery v. Hassid that said it is a taking to require an employer to have union reps on their property for specific periods of time.

Reason | A Takings Clause Lawsuit Against the CDC Eviction Moratorium

Property Management Company v. Los Angeles

What’s happening? A managment company is suing the City of Los Angeles over its eviction moratorium arguing that the moratorium amounts to a taking that requires just compensation.

Why is this important? This situation is playing out across the country.

How will this be important? Will states and cities use CARES Funds for landlords is the million dollar question.

Center Square | Landlords sue Los Angeles for $100M over eviction moratorium

Land Use. Tree Ordinances.

What’s happening? HB 496 (2021 | NC) will preempt local governments in North Carolina from passing ordinances regarding trees.

Why is this important? Local control v. state preemption fight number 6879645787

How will this be important? This on going fight over which layer of government knows best for land use.

WECT 6 | Proposed bill could make protecting trees more difficult for local governments

The Eviction Moratorium + Eminent Domain

What’s happening? Think Tanks are considering the eviction moratorium a taking of property requiring just compensation.

Why is this important? The estimates are that landlords are wowed $20 Billion or more throughout the U.S.

How will this be important? Either we’ll see some litigation or property owners be recipients of CARES Act Funds or other funding mechanism.

Washington Post | George Will | The eviction moratorium exacerbates America’s institutional disarray

Think Tank’s $23M Claims Against City for Property Rights Violations

What’s happening? The GoldWater Institute is claiming $23M in claims against Flagstaff for violating Arizona’s 2006 constitutional amendment that allows property owners a claim “to just compensation if the value of a person’s property is reduced by the enactment of a land use law.” 

Why is this important? At issue are land use ordinances in Flagstaff that limit the number of bedrooms and and such, which the Goldwater Institute claims limits a property owner’s authority and use of their property.

How will this be important? It is an incremental march forward in the ongoing tug of war over which local regulations diminish property values.

Arizona Daily Sun | City of Flagstaff threatened with $23 million in claims for violating state property rights

CARES Act Funds for Property Vales + Social Inequities

What’s happening? Syracuse is planning on utilizing $2M from CARES Act Funding to plant trees.

Why is this important? Tree planting is said to lower temperatures, improve air quality, increase property values, improve quality of life &capture storm water.

How will this be important? Tree abundance has a socio-economic tie. Lower income neighborhoods have fewer trees. The planting of trees addresses the social inequity.

Governing | Syracuse to Use $2M to Plant Trees, Combat Social Inequality

Just Compensation for Ghost Gun Confiscation?

What’s happening? Nevada passed Assembly Bill 286 which prohibits guns with no serial numbers. Gun Rights Activists sued. Courts ruled fo the State that no compensation is required to take an unmarked weapon.

Why is this important? It applies to 3D printed weapons too. The bill also bans the sale and possession of unassembled weapons sold in kits or made with 3D printer

How will this be important? A Western Independent state that is otherwise 2nd amendment friendly is limiting guns by removing unmarked guns.

Las Vegas Review Journal | Nevada ‘ghost gun’ ban upheld by federal court