Land Banks and Land Banking

My former professor, Frank Alexander, has published the second edition of his excellent guidebook on land banking. According to the Center for Community Progress, the publication “combines research on land banks with practical guidance. It is targeted at practitioners who work with or are exploring the creation of land banks, as well as researchers seeking to understand the role of land banks within the broader fields of land use law, community development, urban policy, and urban planning.”

Additionally, the publication “includes a first-of-its-kind, at-a-glance comparison of existing state land bank statutes that examines the powers, priorities, and structures of land banks across states. The publication also includes a template for state land bank legislation.   At the local level, it features in-depth guidance on creating, structuring, operating, and sustaining a land bank – including sample administrative policies and examples of land banks in Atlanta, Georgia, Genesee County, Michigan, and Cuyahoga County, Ohio.”

You can download the publication here.

Excellent Profile of Cook County Jail as Mental Health Facility

There is an excellent article about Cook County Jail in the Atlantic this week entitled “America’s Largest Mental Hospital Is a Jail.” The article hits on some of the same points I made in this post from 2012 on the propriety of incarceration versus electronic monitoring for pretrial detainees, especially when nonviolent.

A few fascinating facts from the article:

  • Cook County Sheriff Tom Dart recently appointed a clinical psychologist as the executive director of the jail.  She “is currently the only mental health professional in charge of a major jail in the United States.”
  • “A study in 1990 found that 1 in 15 prisoners at Cook County Jail had some form of mental illness. Today, a conservative estimate is 1 in 3.”
  • The article calls the jail’s processing system “unusual, and possibly unique”: “After the normal post-bail intake procedure is complete, inmates file through a series of concrete cubicles staffed by a battalion of employees from the Cook County Health and Hospitals System. About 600 of the county hospital system’s 6,000 employees work at Cook County Jail. If the inmate is eligible, county officials can sign up him or her for CountyCare, a health insurance program for low-income Cook County residents created through the Affordable Care Act’s expansion of Medicaid. The assembly-line layout allows the county to process about 200 applications a day. Over 10,000 inmates have signed up so far.”

New Article on “Eradicating Zombie Mortgages”

Andrea Clark has posted an interesting article on SSRN entitled “Amidst the Walking Dead: Judicial and Nonjudicial Approaches for Eradicating Zombie Mortgages.” A version of the article will be published in an upcoming edition of the Emory Law Journal. Here is the current abstract:

The collapse of the residential housing market in 2007 brought with it a wave of foreclosures. Subprime borrowers, who were once elated by loans they secured from lenders, suddenly found themselves strangled by the predatory terms of their newfound loans and ultimately became unable to pay their outstanding loan balance. Amidst a growing number of residential foreclosures, lenders discovered the financial downside of foreclosing on residential properties – though this realization often surfaced after the foreclosure proceeding had commenced – and began to delay, or halt, foreclosure sales altogether. These purposeful maneuvers by lenders resulted in borrowers’ continued legal liability for a residential property, one which borrowers believed they had lost as a result of the lender’s foreclosure; in other words, a “zombie mortgage.”

This Comment analyzes the different circumstances under which lenders can foster the creation of “zombie mortgages.” Particularly, this Comment focuses on stalled and incomplete residential foreclosure sales and failures to execute the deed of sale, all which serve to maintain legal liability of the mortgaged property on a borrower. Notwithstanding a lender’s right to foreclose on residential property to satisfy the obligations that it is owed under a promissory note, this Comment argues that strategic delays in completing a foreclosure sale entitles courts and legislatures to either (1) force a lender to complete a sale or (2) divest a lender from its right to foreclose and security interest. Though some other solutions for “zombie mortgages” have been proposed, this Comment urges courts and legislatures to look outside criminal sanctions and nuisance abatement actions to develop strategies that target lenders’ security interests. Through judicial intervention to force the completion of the sale, coupled with the creation of maximum statutory time frames for the completion and execution of the sale, lenders would be forced to finish the foreclosure proceeding, or risk losing their security interests in the mortgaged property.

Wired Profile of Cory Booker

Cory BookerLove him, or hate him,  Senator Cory Booker seems to be genuinely interested in promoting a more tech-savvy version of government.

In a new Wired interview,  he talks about his efforts to ask for reforms to Senate procedures, including “streamlining the requirements for email newsletters, letting Senate offices use analytics services to track social media, and adapting the Congressional Record to a more accessible XML format.”

Booker suggests that there should be “an app that alerts you every time legislation that’s important to you is being marked up in committee and when it makes it to the floor for a vote—and what poison pills might be slipped into it.” He also argues that the Senate should adopt cloud-based technology, that the FAA shouldn’t slow down  exploration of drones, and that the patent office needs a better process for cranking through its large backlog of patents.

Blogging at new website

I recently started a new position and will be blogging for the Sixth Circuit Blog, which summarizes opinions in selected criminal cases from the Sixth Circuit Court of Appeals. Please check out my first posts on that site, which address computer search warrants and limits on the “private search doctrine” in regard to computers.

Advertising on Chicago Architecture, Round II

Statute of LibertyThere is continuing hubbub about the Trump towers sign in Chicago. As Emily Badger explains on Wonk Blog today, a lot of outspoken folks seems to hate it:

When the sign first took shape, one letter at a time over the course of several weeks earlier this summer, outrage began to build in a city that prizes its architectural views like Boston does its colonial character or New Orleans its jazz scene. Mayor Rahm Emanuel called the sign “tasteless.”The skyscraper’s architect, Adrian Smith, let it be known that he agreed. The Chicago Tribune’s Blair Kamin blasted it, prompting a very bizarre feud — and an excellent Daily Show segment — wherein Trump himself called the Pulitzer Prize-winner a “third-rate architecture critic.”

Now Emanuel has proposed an ordinance that would protect the city’s riverfront from such “visual clutter” in the future. Chicago can’t strike down this sign (the previous administration approved it). But, under the new rules, which would follow similarly protected corridors elsewhere in the city, building signs would have to be significantly smaller (in Trump’s case, about five times smaller). They’d have to be located much closer to the rooftop, effectively out of sight at eye level. No Vegas-style flashing lights or neon. And only a building’s principal occupant — using at least 51 percent of the floor space — could plaster its brand on the building. That means a company filling two floors of a high-rise can’t pay a developer for that right.

Badger does a good job trying to explain the negative reactions. She quotes Kamin, who argues that, because this sign sits at an important area for Chicago architecture, “this isn’t just a debate about a sign.” Rather, he says, “It’s about the quality of civic space.”

As I covered before, Kamin also opposed an earlier plan put forward by Mayor Emanuel to add advertising on city property to raise revenue. I noted then that, on the Cityscapes blog, Kamin called the first advertisement placed as part of this initiative—put on a historic bridge—“short-sighted,” “tasteless,” and “clueless.” I also noted, however, that, as shown cleverly in Morgan Spurlock’s The Greatest Movie Ever Sold, it is clear that Americans have an amazing tolerance for advertising.

Perhaps the newly proposed ordinance will be the perfect balance and will spread to other spaces beyond the riverfront? Time will tell.

 

 

Help Chicago Zoo Track Animals!

Coccycolius iris -Lincoln Park Zoo, Chicago, Illinois, USA-8aHere’s a bit of city/data news, from CityLab, that you (and I) can actually help with.

The Urban Wildlife Institute at the Lincoln Park Zoo has created an interactive website, Chicago Wildlife Watch, “to help the Institute document and study the animals that live in Chicagoland” by viewing photos taken from cameras around the city and tagging which animals are in them.

As Lex Berko at CityLab explains:

According to the Institute’s director Seth Magle, who spoke to Chicago’sRedEye last week, this work used to fall under the purview of interns. As the Institute ramped up its identification efforts, the onslaught of photos—they currently have more than a million—became too much for their team to handle, so they decided to crowdsource. To date, more than 91,000 animals have been identified through Chicago Wildlife Watch.

I played around with the website, and there seems to be a lot of squirrels, and sometimes nothing, but that just makes it more exciting to find a deer or skunk.

Chicago’s Leadership Role in Suburban America

I just started what is so far an excellent book by Elaine Lewinnek,  an associate professor of American Studies at California State University, Fullerton. The book is called “The Working Man’s Reward,” and I wanted to plug it here. It grabbed me from the introduction, which proclaims that “Chicago’s first product was real estate.” She promises to examine how the dream of homeownership—heavily shaped in many ways by people and events in Chicago—has affected the urban and suburban landscape throughout America.

Lewinnek nicely summarizes some of her ideas at the end of the book’s introduction:

[R]eal estate is a particularly interesting product, offering to produce further profits while providing shelter, class status, community, access to jobs, and investment equity. Real estate decisions can affect health, educational opportunities, physical mobility, and ultimately class mobility. Real estate matters, so much so that riots erupted over it. [See Lewinnek’s blog post about Chicago’s 1919 race riots tied to property values.] As Chicagoans sorted out what a modern city would look like—through land speculation, boosterism, two riots, and many barely conscious, often-constrained choices—they developed a city form that affects the sprawling and often racially divided spaces that all Americans have inherited.

I’m eager to dig into many parts of this book, but one that stands out at the outset is its study of how innovative local initiatives often quickly spread to other municipalities—an idea I’ve written about before. Whet Moser, interviewing Lewinnek for Chicago Magazine, paraphrased her thesis as being about how Chicago “invented” the suburbs. In that interview, she describes how some of the first zoning laws were “fire limits” that came out of the great Chicago fire. The new building rules forbade wooden houses in the city, and that forced workers to live further from their places of work. Usefully, she “reject[s] monocausal explanations” for why the Chicago model spread, arguing that it was a complex combination of different social and political forces at work at the time. She also sees lessons for the future from her study, as summarized in this part of her interview with Moser:

At the end of the book, you argue that learning from this past is a way of preparing for the future. What did you learn in researching the book that you think we should learn from?

The things that people developed on their own—the real struggles to own humble, small houses, were things that they clung to. With the institutionalization of public housing, the small houses were bulldozed and people were put into huge towers that didn’t end up being good places to live. Now we’re going back to public housing that looks more suburban, more dispersed. Part of what working-class Chicagoans invented in the late 19th century and the early 20th century is some of what we might be coming full circle to.

And some of those possibilities, too, of living in diverse spaces; being conscious of the whole range of suburbs. To me those are kind of exciting possibilities.

Lewinnek blogs at Elaine’s Blog.

Local Government as a Threat?

Earlier this month, Franklin Foer argued in The New Republic that “The Greatest Threat to Our Liberty Is Local Governments Run Amok.” It seems that the main purpose of the article is to use Ferguson as a means to challenge the idea of modern libertarian politicians that some matters of governance are best left to local governments. The problem is that the article overlooks a lot.

I want to very briefly call out one of those things: The article’s conflation of state and local governments. As I recently explained in an essay for The Urban Lawyer, states and municipalities maintain drastically different roles in our system of government. Not that these two levels of government can’t work to solve the same problems: ours is a system of polyphony. But it is a mistake to equate the legal authority of the state with that of the city.

On Portland, Semi-retired Youth, and the Best Places to Live

The New York Times Magazine has a great piece out this week about Portland and how it is attracting young educated folks despite not having jobs suited for their skills. They are coming for its vibe, for lack of a better term. There are lots of tidbits of data in the article, about Portland and other cities. But this discussion about “the sacrifice measure” was the one that fascinated me the most:

David Albouy, an economics professor at the University of Illinois, has created a metric, the sacrifice measure, which essentially charts how poor a person is willing to be in order to live in a particular city. Portland, he discovered, is near the top of the list. Even when college-educated residents get jobs there, they earn 84 cents for the average dollar earned in other cities, according to Greg Schrock and Jason Jurjevich, professors of urban studies at Portland State University. In 41 of the country’s 50 largest cities, young, educated people earn more than they do in Portland. “It’s a buyer’s market for labor,” Schrock says.

I found a paper Albouy published in 2012, Are Big Cities Bad Places to Live? Estimating Quality of Life across Metropolitan Areas, that ranked cities by quality of life. It doesn’t discuss his “sacrifice measure” but does have an interesting ranking of metropolitan and non-metropolitan areas by established quality of life. Here’s the top  50. Portland is all the way down at 44, but the west coast definitely dominates the list.

Continue reading On Portland, Semi-retired Youth, and the Best Places to Live

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