law.com - During 'Kelo' Arguments, Justices Feel for Homeowners
Tony Mauro
Legal Times
Here's a good summary of the argument yesterday in Kelo v. City of New London. It captures the bind some of the justices seem to sense they are in: they sympathize with the owners, and they get that the "public use" language has to mean something other than the city leasing the land to developers for $1 per year, in the hope that tax revenues will go up. But they are reluctant to overrule two precedents and thereby throw a monkey wrench in the redevelopment efforts of cities all over America, which are based on the same highly questionable practice. It is a bit like saying, "Well, legally you are right, Ms. Kelo, but if we rule in your favor it will cause a disaster, because cities all over the nation are abusing the eminent domain power, too." This is portrayed as a case of small property owners versus the city. But in reality it is developers versus small property owners.
Thursday, February 24, 2005
Sunday, February 20, 2005
The Modesto Bee: Call grows to deregulate home building--Environmental law causing valley's sprawl, critics say
Developers and some city planners long have complained that the CEQA-required [California Environmental Quality Act] environmental review process has been abused by "not-in-my-backyard" opponents less concerned about saving the planet and more interested in dragging out projects in costly court battles to scare away developers.
The result, as the builders tell it, is that new subdivisions and apartment complexes get pushed farther away and onto fertile farmland where opposition isn't as intense.
Meanwhile, the demand for housing closer to cities goes up — and with it go prices that push homeownership out of reach.
Now there's talk of eliminating some CEQA reporting requirements on a project-by-project basis to encourage housing closer to the urban core and on old industrial sites.
Developers and some city planners long have complained that the CEQA-required [California Environmental Quality Act] environmental review process has been abused by "not-in-my-backyard" opponents less concerned about saving the planet and more interested in dragging out projects in costly court battles to scare away developers.
The result, as the builders tell it, is that new subdivisions and apartment complexes get pushed farther away and onto fertile farmland where opposition isn't as intense.
Meanwhile, the demand for housing closer to cities goes up — and with it go prices that push homeownership out of reach.
Now there's talk of eliminating some CEQA reporting requirements on a project-by-project basis to encourage housing closer to the urban core and on old industrial sites.
Herald.com | 02/20/2005 | Will condo czar expand powers?
The state's new condo ombudsman and the lawmaker who helped create the job are facing a daunting task.
Alone, with a $103,000 budget -- which pays little more than his $63,000-a-year salary -- Virgil Rizzo has been instructed by the Legislature to resolve hundreds of disputes between condo associations and unit owners throughout Florida. Six weeks into his new job, the Fort Lauderdale doctor and attorney is overwhelmed. And now, state Rep. Julio Robaina, R-South Miami, plans to try to expand Rizzo's responsibilities and power during the upcoming legislative session. He wants to give Rizzo subpoena power and authority over homeowners associations.
[more]
The state's new condo ombudsman and the lawmaker who helped create the job are facing a daunting task.
Alone, with a $103,000 budget -- which pays little more than his $63,000-a-year salary -- Virgil Rizzo has been instructed by the Legislature to resolve hundreds of disputes between condo associations and unit owners throughout Florida. Six weeks into his new job, the Fort Lauderdale doctor and attorney is overwhelmed. And now, state Rep. Julio Robaina, R-South Miami, plans to try to expand Rizzo's responsibilities and power during the upcoming legislative session. He wants to give Rizzo subpoena power and authority over homeowners associations.
[more]
Friday, February 18, 2005
S2016: proposed New Jersey "Common Interest Community and Homeowners' Association Act."
Here is a big fat bill that would make some significant changes in New Jersey law. Section 2, the legislative findings, are well worth reading.
Here is a big fat bill that would make some significant changes in New Jersey law. Section 2, the legislative findings, are well worth reading.
Pahrump Valley Times - Gated community coming soon to Pahrump
Fred Pilot, a big Art Bell fan, sends this message along. Pahrump's most famous citizen is radio host Art Bell, the king of late-night radio, whose paranormal program emanates from his home. Now, it seems that the gated community menace is on the doorstep. Watch the skies...
The Pahrump Regional Planning Commission took its first steps last week in unanimously approving Pahrump's first private gated community. At the same time, the application processing for the development marked the initial amendment to the county's master plan, now just over a year old. Many more amendments are expected in months to come.
[more]
Fred Pilot, a big Art Bell fan, sends this message along. Pahrump's most famous citizen is radio host Art Bell, the king of late-night radio, whose paranormal program emanates from his home. Now, it seems that the gated community menace is on the doorstep. Watch the skies...
The Pahrump Regional Planning Commission took its first steps last week in unanimously approving Pahrump's first private gated community. At the same time, the application processing for the development marked the initial amendment to the county's master plan, now just over a year old. Many more amendments are expected in months to come.
[more]
The Cranbury Press - 02/18/2005 - Bill could change the way Monroe's PRCs are governed
Big news from New Jersey. Looks like another banner year for CID reform:
A state Senate bill introduced in November could mean homeowners associations in Monroe's retirement communities would have to act more like municipal governing bodies.
According to the bill, introduced by Sen. Shirley K. Turner, D-15th, the changes would "require that democratic principles be followed by the governing board of a homeowners association in all association matters including, but not limited to, elections, access to records, open meetings, formation of rules and alternative dispute resolution."
The bill calls for enforcement by the Department of Community Affairs.
The bill says these changes are needed to provide for "transparent" government. It also establishes that a homeowners association is "subject to the political jurisdiction of a municipality, regardless of any bylaws to the contrary."
The bill, known as the Common Interest Community and Homeowner's Association Act, would be an amendment to the Condominium Act, which recognizes condo communities as corporate associations. Common interest communities include townhouses, cooperatives and planned unit developments in addition to condos.
[more]
Big news from New Jersey. Looks like another banner year for CID reform:
A state Senate bill introduced in November could mean homeowners associations in Monroe's retirement communities would have to act more like municipal governing bodies.
According to the bill, introduced by Sen. Shirley K. Turner, D-15th, the changes would "require that democratic principles be followed by the governing board of a homeowners association in all association matters including, but not limited to, elections, access to records, open meetings, formation of rules and alternative dispute resolution."
The bill calls for enforcement by the Department of Community Affairs.
The bill says these changes are needed to provide for "transparent" government. It also establishes that a homeowners association is "subject to the political jurisdiction of a municipality, regardless of any bylaws to the contrary."
The bill, known as the Common Interest Community and Homeowner's Association Act, would be an amendment to the Condominium Act, which recognizes condo communities as corporate associations. Common interest communities include townhouses, cooperatives and planned unit developments in addition to condos.
[more]
Thursday, February 17, 2005
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=668503
Here you'll find a link to a paper by John Ryskamp entitled, "Brief Review of Topics Relating to Peaceful Resistance to Kelo Type Housing Dispossessions." When the county sheriff comes a-calling to move people out, what happens?
Here you'll find a link to a paper by John Ryskamp entitled, "Brief Review of Topics Relating to Peaceful Resistance to Kelo Type Housing Dispossessions." When the county sheriff comes a-calling to move people out, what happens?
Saturday, February 12, 2005
Monterey County Herald | 02/11/2005 | Push for mandatory health
Now, does this qualify as galloping socialism, or is it still creeping?
SAN JOSE - A sweeping, bipartisan health reform plan that would require all Californians to purchase basic health insurance -- or have their wages garnished -- is drawing a lot of attention in Sacramento, but insiders say the plan in its current form doesn't stand much of a chance.
Now, does this qualify as galloping socialism, or is it still creeping?
SAN JOSE - A sweeping, bipartisan health reform plan that would require all Californians to purchase basic health insurance -- or have their wages garnished -- is drawing a lot of attention in Sacramento, but insiders say the plan in its current form doesn't stand much of a chance.
Boing Boing: Witold Rybczynski on Disney's planned Florida community
Mystery Reader located this commentary on Celebration from a distinguished urban planning professor at the Wharton School. It contains the following pithy comment, with which I would agree based on my visit to Celebration:
"The truth is that despite its best efforts, the populist Disney Co. has produced an elitist product. This attractively designed town may be cause for celebration, but it is no panacea."
Mystery Reader located this commentary on Celebration from a distinguished urban planning professor at the Wharton School. It contains the following pithy comment, with which I would agree based on my visit to Celebration:
"The truth is that despite its best efforts, the populist Disney Co. has produced an elitist product. This attractively designed town may be cause for celebration, but it is no panacea."
Crime - More firebomb suspects sought - sacbee.com
The ever-vigilant Fred Pilot found this key paragraph in a story on a bunch of eco-terrorists:
The bombs were set, the letter states, "in honor of everyone ... who feels their rural lifestyles are being threatened by these mass-produced design communities."
The Auburn office building was targeted "as a statement against work and the horror of the cubicle," the letter said.
The ever-vigilant Fred Pilot found this key paragraph in a story on a bunch of eco-terrorists:
The bombs were set, the letter states, "in honor of everyone ... who feels their rural lifestyles are being threatened by these mass-produced design communities."
The Auburn office building was targeted "as a statement against work and the horror of the cubicle," the letter said.
Wednesday, February 09, 2005
TheKCRAChannel.com - News - Display Stirs Controversy In Land Park
SACRAMENTO, Calif. -- Nestled in a quiet Sacramento neighborhood is a very loud political statement that is testing the very foundation of the right to free speech. Hanging from a house in Land Park, a soldier's uniform in a noose dangles from a rooftop. The words "your tax dollars at work" are scrolled across the chest.
[more]
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Given that the neighbors are calling the police, I think we can safely assume there is no HOA. If there were, I think this offensive display would be long gone.
SACRAMENTO, Calif. -- Nestled in a quiet Sacramento neighborhood is a very loud political statement that is testing the very foundation of the right to free speech. Hanging from a house in Land Park, a soldier's uniform in a noose dangles from a rooftop. The words "your tax dollars at work" are scrolled across the chest.
[more]
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Given that the neighbors are calling the police, I think we can safely assume there is no HOA. If there were, I think this offensive display would be long gone.
Tuesday, February 08, 2005
O'Toole v. Los Angeles Kingsbury Court Owners Association
Here's a major decision on owners being ultimately liable for judgments due to board decisions--if the insurance company doesn't pay it, guess who does? Members--by special assessment, court-ordered if necessary.
Read and learn...
Here's a major decision on owners being ultimately liable for judgments due to board decisions--if the insurance company doesn't pay it, guess who does? Members--by special assessment, court-ordered if necessary.
Read and learn...
Sunday, February 06, 2005
The Daily Inter Lake:Man sentenced in HOA embezzlement case
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
The Daily Inter Lake:Man sentenced in HOA embezzlement case
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
Thursday, February 03, 2005
HOAs become hot-button issue in AZ
Homeowners associations and possible legislation that may affect HOA groups were a hot topic Wednesday as lawmakers met with Chandler residents at the state Capitol.
Sen. John Huppenthal, R-Chandler, told a group of Chandler neighbors he plans to introduce a bill in the Legislature making it easier for homeowners associations to change their rules.
[more]
Homeowners associations and possible legislation that may affect HOA groups were a hot topic Wednesday as lawmakers met with Chandler residents at the state Capitol.
Sen. John Huppenthal, R-Chandler, told a group of Chandler neighbors he plans to introduce a bill in the Legislature making it easier for homeowners associations to change their rules.
[more]
Tuesday, February 01, 2005
Sunday, January 30, 2005
"Want to start a lively argument with your coworkers? Ask them what they think about covenants and homeowners associations..."
From the Denver Post, courtesy of Fred Pilot.
...Everyone has an opinion. They can get quite passionate about the issue, and the points of view don't always match political stereotypes.
Many liberals and most libertarians find the idea appalling. But considerable numbers of conservative suburbanites and communitarian Democrats think covenants are better than architectural anarchy.
From the Denver Post, courtesy of Fred Pilot.
...Everyone has an opinion. They can get quite passionate about the issue, and the points of view don't always match political stereotypes.
Many liberals and most libertarians find the idea appalling. But considerable numbers of conservative suburbanites and communitarian Democrats think covenants are better than architectural anarchy.
Saturday, January 29, 2005
Unearthing the Secrets of the Past: Remains Found By Workers at Georgetown Home
(washingtonpost.com)
The masonry workers carefully removed part of the old rowhouse's brick foundation and began excavating the dirt on the other side. First they came across some wooden planks. Then they found what looked like human remains -- a jaw, most teeth still intact, several joints, some ribs... She knew that a human skull had been excavated in her neighbor's yard nearly half a century earlier and that the park across the street stood on the site of one of the city's oldest and most prestigious burial grounds...
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I saw this film. In the next scene, the chairs are found mysteriously stacked on the kitchen table and the TV starts disgorging the walking dead.
(washingtonpost.com)
The masonry workers carefully removed part of the old rowhouse's brick foundation and began excavating the dirt on the other side. First they came across some wooden planks. Then they found what looked like human remains -- a jaw, most teeth still intact, several joints, some ribs... She knew that a human skull had been excavated in her neighbor's yard nearly half a century earlier and that the park across the street stood on the site of one of the city's oldest and most prestigious burial grounds...
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I saw this film. In the next scene, the chairs are found mysteriously stacked on the kitchen table and the TV starts disgorging the walking dead.
Monday, January 24, 2005
Annoying Neighbors : Humor and Horror Stories In Your Town
I haven't been able to post for a day due to some poltergeist in Blogger cyberspace. Here's something not to be missed. A sample:
jenkintown, Pennsylvania, United States
Last Updated: 10/1/2004 10:03:38 AM
I have this neighbor who has lived on the street since she was 7-get a life! Anyway she thinks she owns the block and she is the mayor or something. Well, it just kills her that I can't stand her and have basically said so. Then yesterday I get this page out of a self help calendar in the mail with no return address...can you say wacko? Anyway, I wrote on it that she wins, she is crazier than I thought and mailed it back to her! What a nutcase.
I haven't been able to post for a day due to some poltergeist in Blogger cyberspace. Here's something not to be missed. A sample:
jenkintown, Pennsylvania, United States
Last Updated: 10/1/2004 10:03:38 AM
I have this neighbor who has lived on the street since she was 7-get a life! Anyway she thinks she owns the block and she is the mayor or something. Well, it just kills her that I can't stand her and have basically said so. Then yesterday I get this page out of a self help calendar in the mail with no return address...can you say wacko? Anyway, I wrote on it that she wins, she is crazier than I thought and mailed it back to her! What a nutcase.
Sunday, January 23, 2005
Macomb Daily : Former Marine vows to continue fight to fly flag 01/23/05
A Macomb Township man said he will appeal a recent court ruling that forced him to remove a Marine Corps flag from the front of his condominium.
John O'Brien, a former Marine, said increasing and anticipated support from fellow Marines locally and across the nation contributed to his decision to appeal the December ruling in which a Macomb Circuit Court judge ordered him to take down the flag because it violates condominium association rules.
O'Brien argues that no rule exists preventing the flag, and the order violates his First Amendment right to free speech.
[more]
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A Macomb Township man said he will appeal a recent court ruling that forced him to remove a Marine Corps flag from the front of his condominium.
John O'Brien, a former Marine, said increasing and anticipated support from fellow Marines locally and across the nation contributed to his decision to appeal the December ruling in which a Macomb Circuit Court judge ordered him to take down the flag because it violates condominium association rules.
O'Brien argues that no rule exists preventing the flag, and the order violates his First Amendment right to free speech.
[more]
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