Welcome to the Future!
What is happening? North Carolina Legislature is moving HB271 (2021 | NC) that will eliminate public benefit from eminent domain considerations in the state.
Why is this important? North Carolina is looking to make the change statutorily and constitutionally. Numbers and data on eminent domain support coming your way after that election.
How will this be important? Property Rights advocates have long advocated for public use only.
What is happening? Plano, TX city council declined an initiative petition that sought to limit eminent domain in the city. The petition was declined because the signatories could not be verified or did not provide information for verification.
Why is this important? Looking for an eminent domain ban? Look to your local officials.
How will this be important? Cross your T’s and dot your I’s, but also consider local government official responses like this one from City Attorney Paige Mims who “argued that the ordinance was legally incompatible with the city charter and state law and criticized it as being unenforceable”
What is happening? The new economy has increased use of delivery services, ridesharing and micromobility. All of which make curb space more valuable.
Why is this important? Cities are using curbside kiosks to collect video data, auto type and license plate information to time how long the vehicle stays at the curb. Aspen is using “smart zones” so delivery drivers can reserve curb side space. Las Vegas is using curb space tech to make ride share pick up and drop off smoother.
How will this be important? More cities are pursuing more curb side technology policies that use curb land in varying ways and collect varying amounts of data. New rules and laws forthcoming.
Government Technology | Cities Focus on Urban Curbs and How to Manage Them
What’s happening? LD 1377 (2021 | ME) would generate revenue to develop affordable housing, provide property tax relief & encourage more units to be used as permanent housing
Why is this important? Maine is pretty much following what D.C. did with some added help for low and middle income households
How will this be important? Maine dedicates the funds to Housing Opportunities for Maine, or HOME, program, which funds things such as affordable housing and homeless services & to a state fund for the state’s homestead tax exemption program.
Sun Journal | Bill would impose new fees on vacation homes, short-term rentals
What’s happening? The Iowa Legislature is considering another “AG Gag” bill. HF 755 (2020 | IA) would make knowingly entering private property without the owner’s consent and taking soil and water samples or samples of an animal’s bodily fluids or other animal products would become an aggravated misdemeanor on the first offense. Same penalties for a trespasser who plants a camera on land for the same purpose.
Why is this important? 2 previous versions of an “Ag Gag” in Iowa are tied up in court. While opponents say it infringes on their 1st amendment rights.
How will this be important? The balance between animal welfare and property rights in the agricultural industry shall continue.
What’s happening? A court in North Dakota determined that just compensation in the taking of property by eminent domain can include a review of similar sales.
Why is this important? Determining just compensation is a hot topic.
How will this be important? There’s always a lot of talk about market value, introducing evidence of similar sales could be the new term of art for just compensation policy makers.
What’s happening? California Real Estate Developer Rick Caruso will be accepting bitcoin as a method of payment. 1% of Caruso Properties’ treasury is in bitcoin after an investment in Gemini, a cryptocurrency.
Why is this important? A growing list of payments may be made by cryptocurrency some taxing entities accept crypto currency, some political campaigns accept crypto currency.
How will this be important? States are just beginning to regulate cryptocurrency. It’s the new frontier.
LA Times via Governing | Some L.A. Apartments, Stores Can Now Pay Rent in Bitcoin
What is happening? California is considering SB 555 that would create a statewide collection system for short term rental taxes directly from the short term rental platforms. SB 555 (2021 | CA)
Why is this important? This bill does not prohibit local agencies who want to continue with their own Voluntary Collection Agreements and allows cities to opt in.
How will this be important? Short term rentals appear to have faster trajectory to a new normal than hotels. Fewer people in the space = fewer germs mentality.
What’s happening? Montana is considering legislation to prevent agricultural land from being sold to a non-profit. HB 677 (2021 | MT) Seem unusual? Well, it is allegedly aimed at stopping the American Prairie Reserve from acquiring land. The bill excepts all other nonprofits except land trusts, public lands and conservation organizations.
Why is this important? Land owners, ranchers, wildlife vs. environmental conservations is a perennial legislative fight.
How will this be important? Can you envision legislation that would prevent sales of property to people who are citizens of certain countries? Or work in certain industries? Sounds eerily familiar to bills that divest funds from certain interests
What’s happening? North Carolina legislature has passed with bipartisan support an eminent domain bill HB271 (2021 | NC) that fortifies public use requirement, require just compensation be determined by a a jury, and requires voter approval to add these requirements to the NC Constitution.
Why is this important? NC legislators want to eliminate “public benefit” as a means of utilizing eminent domain authority and wants a more robust look of property value.
How will this be important? We should see states follow suit with the jury requirement for valuation.