As anticipated by the “radical agreement” among the parties and justices at oral argument, the Supreme Court’s recently released decision in Sheetz v. County of El Dorado put to rest the question of whether legislatively-imposed land use permit conditions are outside the scope of the takings … [Read more...]
The sudden death of the American condo
Condos are disappearing. They persist now mainly in pre-2010 buildings. Among multifamily homes built in the 2020s, just 1 in 25 is owner-occupied. What happened?Frasier's Seattle condo wouldn't be built todayI pulled American Community Survey data via IPUMS to get a better grasp of the … [Read more...]
Court: Arlington “Missing Middle” Lawsuit May Proceed to Trial
By Andrew Crouch and Charles GardnerIn March 2023, Arlington County, Virginia passed an amendment to its zoning ordinance which legalized so-called “missing middle” housing typologies in several residential districts, including many which had been zoned for single-family homes. Ten local … [Read more...]
Rhode Island’s housing process package
"Renting in Providence puts city councilors in precarious situations." That was the Providence Journal's leading headline a few days ago, as the legislature waited for Governor Daniel McKee to sign a pile of housing-related bills (Update: He signed them all). Rhode Island doesn't have a superstar … [Read more...]
Tell It to the Judge: New Lawsuits Take Exclusionary Zoning to Court
As various housing reform bills work their way through the lawmaking process in American state legislatures, several new legal challenges to local land use and zoning ordinances are simultaneously underway in state and federal courts. Among these courtroom efforts are challenges to occupancy … [Read more...]
Protecting Housing Affordability by Protecting the Right to Build Housing
Legislators in Colorado and Tennessee have introduced bills modeled on Arizona’s Private Property Rights Protection Act, a law that requires municipal governments to compensate landowners when new land use regulations make land less valuable. Both states already have areas with housing affordability … [Read more...]
Homeownership and the Warren Housing Bill
Elizabeth Warren’s housing bill has received a lot of love from those who favor of land use liberalization. Like Cory Booker’s housing bill, the Warren bill would seek to encourage state and local land use reform using federal grants as an incentive. Warren’s bill would significantly increase … [Read more...]
The Progressive Roots of Zoning
by Samuel R StaleyBefore the twentieth century land-use and housing disputes were largely dealt with through courts using the common-law principle of nuisance. In essence if your neighbor put a building, factory, or house on his property in a way that created a measurable and tangible harm, courts … [Read more...]