+1 City Making up for Eminent Domain Uses Against Black Neighborhoods

Add Portland, Oregon to the list of cities making up for past uses of eminent domain that disproportionately impacted Black neighborhoods.

What are the basics of the Portland Program?

  •  $67 million initiative
  • construction of 40 to 50 new single-family homes
  • construction of at least another 300 apartments to rent
  • create a hub for emerging small businesses owned by Black people and other people of color 
  • funded by extending by two years the diversion of some property taxes from a certain area 

The Oregonian | Portland will build new homes, apartments, business incubator designed to benefit Black Portlanders

Legislation: Right to Sue Bad Actors using Eminent Domain

HB 448 (2021 | TX) would allow property owners, whose land is treated by eminent domain by a private entity regulated by the Texas Railroad Commission (read: pipelines), to sue that pipeline if it violated the Landowner Bill of Rights or its spirit.

What does this mean? If the company is using the Land Owner Bill of Rights to harass, intimidate, or otherwise mislead – yeah, that qualifies.

The Attorney General can also seek civil recovery under this bill.

Huntsville Item | Texas legislative session begins next week with COVID-19 changing normal process

Eminent Domain Competition. Want to use eminent domain against a private corporation? Now’s your chance.

Where: Monterey County California

Who do you win this chance to use eminent domain? Win the vacant seat on the  Monterey Peninsula Water Management District. 

How is  Monterey Peninsula Water Management District using eminent domain? Buying the water system of the Monterey Peninsula from its private owner, California American Water.

How big of a deal is this? If successful, it is said to be valued at over $1 Billions and the largest value use of eminent domain in history

Monterey County Weekly | Enter this contest for your chance to pursue eminent domain involving a multibillion-dollar corporation.

Amazon’s Funding Affordable House Near Some Offices

What do I need to know about Amazon’s program to fund affordable housing solutions near its offices in Virginia, Tennessee and Washington?

  • Amazon is outing $2 Billion into the effort
  • 20,000 affordable homes will be preserved or created in the Arlington, Va.; Nashville, Tenn.; and Seattle areas
  • Funding options will be in the form of below-market capital in the form of loans, lines of credit and grants

Tech companies have faced criticism over driving up home prices in the Bay Area that displaced longtime residents

The Hill | Amazon to spend $2 billion on housing near key company offices

2020 Recap: Lockdown. Low down.

COVID lockdowns were they compensable as a taking of property? The courts will decide. Legislatures will dance around it in 2021. Some states are utilizing COVID funds to reimburse small businesses that experienced Rioter/Looter damage.

Property rights issues ran the gamut from the impact of Black Lives Matter in historical property acquisition, to how eminent domain is more cost effective than building new affordable housing in LA, and to creating property rights in your data. 

As we’re all eating outside more to keep our local restaurants alive,  ALEC has model mobile food vendor legislation. 

South Padre Island Food Truck Caps Unconstitutional

South Padre Island, TX had set limits on the number of food truck permits at 12 and required permission from a restaurant owner.

How did South Padre Island get there? Until 2016, the island banned food trucks. Then with local restaurant lobbying adopted the cap and approval requirement.

Similar rules have been overturned in  San Antonio, El Paso and Louisville.

Institute for Justice

Santa Fe Separate Residential Zoned Short Term Rentals

Santa Fe New Mexico strengthened its short term rental rules this week.

In the clarification the difference between short term rentals in commercial zoned property and residential zoned property are clear.

What requirements are on commercially zoned short term rentals?

  • No permit requirement.
  • Registration only.
  • No limit on number.

How are residential zoned short term rentals treated?

  • The permit must be given to a natural person.
  • One individual person cannot be responsible for more than one unit. 
  • Permits numbers will be listed on offerings on platforms.

Santa Fe Reporter | Short-term Rental Rules Tighten

+1 City making amends for Property Rights Abuses. BLM.

The City: Knoxville, TN

The proposal: $100M to address removing people from their property from the 1950s through 1970s under urban removal policies that displaced and marginalized residents, mostly Black

Funding mechanism: City revenue + local, state and national grants

How was eminent domain used during this time? The city utilized eminent domain to systematically tear down entire blocks of homes, churches and businesses in the Black community for projects like the Knoxville Civic Auditorium and Coliseum and construction of new routes like James White Parkway and Interstate 40

Which governmental entities will be involved in this project? New Community Empowerment Department

Did Knoxville follow another city’s lead? Yes, Asheville, North Carolina proposed a similar program earlier this year

Knoxville News Sentinel | Knoxville Vice Mayor Gwen McKenzie proposes $100 million to make amends for urban removal

State Buys Hotels for Homeless. CARES Act.

The CARES Act saw California and Oregon use funds to purchase temporary housing in hotels for homeless.

Oregon is moving beyond this, by spending $65 Million to purchase 20 underused hotels to provide housing for homeless.

What is Oregon’s project called? Oregon’s Project Turnkey

Who will operate the hotels turned homeless housing? nonprofit housing and social services providers will own and run the hotels-turned-housing

A University of Washington study shows that moving the homeless into hotels slowed the spread of the infection.

PEW | Prompted by Pandemic, Some States Buy Hotels for the Homeless

Land Use Ordinances and Racial Disparity

Examples of land use ordinances and the racial disparity impact:

  • Multifamily structures ordinances. When all areas of a city are not treated equally for multifamily development, whiter areas see an increase in value and non-white areas see a decrease in single family property values
  • Minimum square footage ordinances for single family homes disproportionately impacts Black home owners.

City Lab | Reducing Racial Bias Embedded in Land Use Codes