InfoHive – Eminent Domain

What’s happening? Houston Freedman’s Town Conservancy was created with the support of the city planning office. The Conservancy is looking into the historical use of eminent domain that “wipe[d] out our heritage”

Why is this important? Coast to coast cities are looking at historical uses of eminent domain that impacted black and people of color communities.

How will this be important? Like many of the issues that rose to the top during the pandemic, this is only getting started.

Click2 Houston | Major efforts underway to restore, preserve Houston’s oldest Black community

What is happening? Imagine a couple planning their retirement home on top of a ridge looking at the Cascades. They said no to solar arrays and their neighbors did not.

Why is this important? How does one align renewable energy and land owner desire to protect property values, protect wildlife, and address concerns about the potential for fires should batteries be part of a project.

How will this be important? More renewable will continue to be sited and eventually regulators or legislators will address how to build the infrastructure while respecting property values, wildlife and address wildfire concerns.

Governing | Solar Farms Will Redefine Energy If They Can Get Installed

What is happening? Saunders County (Nebraska) Planning Commission rejected a solar installation site in part for its proximity to a cemetery

Why is this important? It’s not an often brought up reason for solar placement, but how many small rural cemeteries are within a certain number of feet of a solar array?

How will this be important? can’t imagine any solar siting ordinances, rules or laws including cemeteries… or at least not yet.

The Telegraph | Planning commission votes against permit for solar farm

What’s happening? Nevada Legislature is considering AB 363 (2021 | NV) which would preempt local ordinances and establish a statewide framework for short term rentals.

Why is this important? In addition to the usual who is operating and licensing, this bill would also provide space distance requirements between short term rentals of 500 feet.

How will this be important? Spacing of short term rentals isn’t that common in ordinances and Las Vegas has an ordnance of 660 feet between short term rentals. Other state and local government swill pick up on this & try their hand at it.

News Now Las Vegas | Neighbors push back against bill to change short-term rental regulations

What’s happening? 6 counties in the Greater Sacramento California are are joining forces to build a biking and hiking trail through 6 counties. Which will involve the taking of land.

Why is this important? COVID has resulted in an increase in the sale of bicycles.

How will this be important? The bike trail will be built in ways to improve equity and access to nature trails.

Sacramento Bee via Governing | Six Sacramento Counties Plan Biking Highway System

What’s happening? The US Supreme Court is hearing a case between the State of New Jersey and a Pipeline on whether the pipeline can take state land for its project. I want to say this a goose and gander situation, but I’ll withhold.

Why is this important? Eminent Domain cases getting tricky the multiple constitutional rights overlap. Like when land is owned by a Church, or in this case, when

How will it be important? There is no level playing field among entities with eminent domain authority over whether they can or cannot take state lands.

State Impact PA | SCOTUS hears arguments in eminent domain case involving PennEast pipeline project

What is happening? Florida passed legislation to limit developer impact fees.  Impact fees are fees paid by developers to help local governments shoulder the cost of roads and other infrastructure associated with new growth. H337 (2021 | FL)

Why is this important? Critics say this only harms local control.

How will this be important? A tool for the tool belt of state officials reigning in local fees and services.

WMFE | Legislature Approves Limits On Developer Fees

What is happening? North Carolina is considering HB 401 (2021 | NC) that would require local zoning codes to include middle housing in residential zoning. Middle Housing is duplexes, townhomes, triplexes, & quadplexes in single family residential zoning. It also requires local governments to allow at least one accessory dwelling for single-family resident. These accessory dwellings may not be held to owner-occupancy, minimum parking or conditional-use zoning requirements.

Why is this important? It balances the need for housing in tight housing markets by including townhouses and friends but it also gives single family property owners access to add a guest house, show term rental or home office on their property.

How will this be important?High growth cities are grappling with adding more housing and changing local single family zoning to include townhouses, duplexes, triplexes and quadplexes.

Carteret News Times | Towns worry 2 state bills could thwart local ability to regulate property use

What’s happening? North Carolina Legislature is considering House Bill 496 (2021 | NC), the Property Owners’ Rights/Tree Ordinances Act, that would require state legislature approval of any local government tree removal ordinance.

Why is this important? The mix of policy considerations is what makes this interesting. The State protecting a property owner’s right to use her land as she pleases. The Local Government power being usurped by the state.

How will this be important? This balance between state power and local power is playing out in many areas- land use, homeless population policies, plastic bag bans, ride share regulation, short term rental legislation, electric scooters and more.

Carteret News Times | Towns worry 2 state bills could thwart local ability to regulate property use

What is happening? Missouri is considering SB 508 which would require that a project that uses eminent domain is overseen by the Missouri Public Service Commission would have to present resolutions from each county that has a portion of the project to the Commission for approval.

Why is this important? In Texas, there have been counties that have passed resolutions that opposed high speed rail projects.

How will this be important? The pendulum will swing and local governments will have a greater voice in state matters, and taking into account the local voice in eminent domain projects is one of those steps.

Missouri Times | Legislators, landowner groups rally in support of eminent domain legislation