New Kid. New Sustainable Builder Wants to Roost in Texas

The sustainable builder: Murrieta, California based S2A Modular

What do I need to know about S2A Modular?

  • The 1st “electrically self-sustaining, custom and smart-connected luxury residences and commercial buildings”

How are S2A Modular buildings and homes powered? Tesla Powerwall battery system + solar panels producing electricity

Dallas Morning News | California modular home company says it wants a North Texas plant

COVID + GenZ. Private Property & The Congressman.

This week TeenVogue published an OpEd about whether there was merit to property ownership.

A Congressman retorted on twitter with “”Teen Vogue publishes oped that says we should abolish private property rights…along with those pesky police. Just wondering if anyone sees any issue with our next generation reading Marxist propaganda in popular teen magazines…?”

The Op-Ed was intended to address an impending eviction crisis.

The Blaze | Teen Vogue op-ed calls for ending property rights, decries ‘cruelty of payment-based housing’

FoxNews | Dan Crenshaw blasts Teen Vogue op-ed advocating end to private property rights

DISCLAIMER: InfoHive & GoodHive Partners support the right to free speech and expression. InfoHive and GoodHive Partners believe the most effective communication is a positive expression of your beliefs. We do not condone the tone nor message that was directed at women and the teen audience of Teen Vogue. Let’s all talk about the benefits of our views without invoking dramatic disparaging language for those who disagree with us. We can do better.

COVID. Can Counties in Texas extend eviction protections?

We’ve seen Legislatures throughout the country extend eviction protections in this COVID era.

The Texas Legislature isn’t in session in 2020, so the Texas Attorney General was asked whether counties could extend eviction protections.

The Attorney General’s answer: Nope. Not Going to Happen.

Why? Well, there’s a previous COVID opinion that also narrowly limits local authority. And then, there’s this gem “While local officials do possess certain emergency powers, efforts to amend the statutorily prescribed, statewide eviction procedures far exceed the requirement that those powers be exercised “on an appropriate local scale.”

It’d be like if I left the pantry door open with easy access to dog treats for my beagle. Do I trust the beagle to not consume all the accessible dog treats?

Texas Attorney General Opinion KP- 0324

BLM Government Responses. Statue Removal at Texas Universities.

BLM led to a question to the Texas Attorney General about whether Texas A&M had authority to remove a statue of Lawrence Sullivan Ross.

So can A&M remove the Sull Ross statue? If they get permission… Meaning, it’s complicated.

Why does A&M need permission to remove the statue? Because Section 2166.5011 of the Government Code applies to the statue as it honors, in part, Ross’ military service. Which means the university can get approval from the Legislature or it can by statute move the statue to another prominent location.

Is there a loophole that allows the Historical Commission or State Preservation Board to remove the statue? No, because A&M is outside the jurisdiction of both.

Texas Attorney General Opinion KP-0325 (2020)

Bryan Eagle | Paxton: Legislature must sign off on any relocation of Texas A&M’s Ross statue

COVID Legislation. Eviction Rules Changing.

Here’s what state legislatures are considering to address COVID related eviction concerns:

  • Michigan HB 5962 (2020 | MI)
    • prohibits rent related evictions during a declared emergency & for 60 days there after
    • does not apply to criminal actions
    • does not apply to lease violations for health and safety
  • Massachusetts HB 4878 (2020 | MA)
    • prohibits rent related evictions during the declared emergency & 12 months thereafter
    • prevents land lords from filing negative credit reports
  • Ohio SB 343 (2020 | OH)
    • creates a method to expunge evictions
  • New Jersey S2607 (2020 | NJ)
    • authorizes $9.9 billion in bonds for COVID recovery, including eviction moratorium
    • extends the eviction moratorium too 2 months after the declared crisis ends
    • bond proceeds would be held in the state Property Tax Relief Fund
  • Nevada
    • requires mediation and extends the moratorium for 30 days after the emergency declaration expires

Governing | Legislative Watch: Addressing America’s Eviction Crisis

AP via News 4 | Nevada Legislature passes pandemic eviction protections

TX Legal TREND. Property Value can include Property Owner Testimony

What door opened for property owners in the 1st Court of Appeals opinion in Hlavinka et al. v. HSC Pipeline Partnership, LLC

  • property owners can attest to the highest and best use of their property
  • including evidence of value from other, privately negotiated pipelines on the property

Drovers & Bluebonnet News | Editorial: Victory in the courts for Texas property owners

TX Legal. 1st Court of Appeal Win for Landowners.

The eminent domain use at issue in the litigation: pipeline

What issues were percolating for the 1st court of appeals?

  • is a single customer on the receiving end of a pipeline enough to get common carrier status?
  • The pipeline failed the Texas Supreme Court’s Texas Rice test for common carrier status

The legislative issue that arises: The only way to challenge a common carrier assertion by a pipeline in its filings with the Texas Railroad Commission is for a property owner to sue.

Bluebonnet News | Editorial: Victory in the courts for Texas property owners

Same in Drovers

Legislative TREND. No HOA restrictions on rentals.

The Legislature: California

The legislation: AB 3182 (2020 | CA)

What limits would AB 3182 place on HOAs:

  • eliminates current grandfathering 
  • prohibits HOAs from limiting rentals
  • short term rentals are an exception and can be banned
  • permits a 25% cap on the total number of rentals

What does the bill’s author say? “We must marshal all available resources to address the housing and homelessness crisis”

Daily Breeze | HOA Homefront: Assembly Bill 3182 proposes ending HOA restrictions on rental units

Legislative Concern: Expanding Eminent Domain by Regulatory Action

Where: Iowa

What’s happening in Iowa? If a renewable energy project is approved by the Iowa Utilities Board, eminent domain is bestowed upon the project

What has legislators’ attention? That private property can be converted to public use for renewable energy

Why is this a concern that the Utilities Board can grant eminent domain authority? Because of the “the dramatic expansion of eminent domain authority” for the Utilities Board

Up next: legislature reigning in this power

Radio Iowa | Wind turbines on private property a flash point for Iowa lawmakers

Quad City Times | Capitol Digest

Explore Okoboji | Local Lawmaker Expresses Concern Over Eminent Domain Authority Of Iowa Utilities Board

COVID. Short Term Rentals Fare Better than Hotels.

The week of March 31, 2020, in 27 key markets, hotel occupancy decrease by 77% and short term rentals decreased by 45%.

Recovery for short term rentals has been steeper with roughly 2.5 million bookings per week worldwide.

S&P Global Market Intelligence | Short-term rentals weathered COVID-19 better than hotels, data firms say