in the House Committee on Commerce, Labor and Economic Development Subject: My OPPOSITION to Senate Bill No. 338 scheduled for public hearing

Similar documents
Building Wealth in Chunks

CUMBERLAND COUNTY BLIGHTED PROPERTY REINVESTMENT BOARD

PERSPECTIVE ON POLITICS

A.R.S. T. 12, Ch. 8, Art. 2.1, Refs & Annos Page 1. Chapter 8. Special Actions and Proceedings Relating to Property

Naturally Occurring Affordable Housing Preservation. March 1, 2018

Role of property rights/limitations on property rights/ideology & property rights. Lawrence J. Lau * August 8, 2006

Frequently Asked Questions

AFFORDABLE WORKFORCE HOUSING REPORT OF THE WORKING GROUP Recommendations for our Region Approved February 22, 2006

CITY'S BONDS TO FINANCE HOUSING PROGRAMS ARE NOT PRIVATE ACTIVITY BONDS.

The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of

CLARK COUNTY NEIGHBORHOOD REVITALIZATION PLAN. Effective Date. January 1, Revised

How Prevailing Wages Can Imperil the Development of Affordable Housing in New York State

MUNICIPAL SOLUTIONS FOR DEALING WITH FORECLOSURES OR ABANDONED PROPERTIES

Cash Flow for Life #3 September 2014

Five Costly Mistakes Landlords Make and How to Avoid Them. Introduction 3. Mistake #1 Relying too heavily on Agent s tenancy checks 4

ALI-ABA Course of Study Historic Preservation Law. Cosponsored by the National Trust for Historic Preservation. November 3-4, 2005 Washington, D.C.

VIRGINIA FREEDOM OF INFORMATION ADVISORY COUNCIL COMMONWEALTH OF VIRGINIA

Notice of Availability of a Draft Environmental Impact Report

LindaWright SERVING TAMPA FAMILIES SINCE Preparing for a Successful Home Sale

Realtors and Home Inspectors

Acquiring and Redeveloping Abandoned and Underutilized Properties. Diane Sterner & Leonard Robbins

The Low-Income Housing Tax Credit and the Hurricane Katrina Relief Effort

NACA REAL ESTATE AGENT

WRT. October 16, Arthur Collins President Collins Enterprises, LLC 2001 West Main Street, Suite 175 Stamford, CT 06902

Changing the Paradigm

Title Transfer. When the title changes hands, this is called alienation.

The Value of a Master Lease

H 7291 S T A T E O F R H O D E I S L A N D

Maintain its 10% set-aside for proposals involving the preservation and rehabilitation of existing multifamily rental housing in the final 2014 QAP.

Introduction. Wireless Facilities in the Right of Way(ROW)

CITY OF MIDWAY ORDINANCE NO AN ORDINANCE RELATING TO THE ELIMINATION OF BLIGHTED AND DETERIORATED PROPERTIES

Framework for Cost -Effective Housing Programs

Outstanding Achievement In Housing In Wales: Finalist

R. Yurkow ) Friday, the 12th day Deputy Mining and Lands Commissioner ) of August, IN THE MATTER OF THE CONSERVATION AUTHORITIES ACT

AN ORDINANCE AMENDING CHAPTER 10 OF THE ZION MUNICIPAL CODE TO ESTABLISH RENTAL HOUSING INSPECTION AND CERTIFICATION REGULATIONS

COURSE OUTLINE Business Law 2

Independent Property Inspectors

Economic Development Incentive Agreement

MHDC General Relocation Assistance Policy. For Projects Funded with MHDC, Non-Federal Dollars

Housing. Imagine a Winnipeg...: Alternative Winnipeg Municipal Budget

City Of La Mesa Acquisition, Anti-Displacement and Relocation Assistance Plan This Residential Anti-displacement and Relocation Assistance Plan

Prepared for: Mr. and Mrs. Seller 123 Main Street Denver, CO 80112

Course Descriptions Real Estate and the Built Environment

November 20, 2017 ATTORNEY GENERAL OPINION NO Tamara Niles City Attorney, City of Arkansas City 125 W. 5th Ave. Arkansas City, KS 67005

Arizona Department of Housing Five-Year Strategic Plan

things to consider if you are selling your house

MUNICIPAL PILOT AGREEMENTS IN NEW JERSEY

LEASE AGREEMENT. THIS AGREEMENT, made and entered into this day of, 20, by and between:

Written Testimony of:

Notice H06-11 Issued: August 8, 2006 Expires: August 31, 2007

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT

Urbanization. Urbanization in Chindia -- India Struggles with the Next 500 Million. Asian Experience with Compact Growth

Eminent Domain Law and Practice in Minnesota

Table of Contents SECTION 1. Overview... ix. Schedule...xiii. Part 1. Origins of Eminent Domain

TACKLING UNFAIR PRACTICES IN THE LEASEHOLD MARKET RESPONSE OF ANTHONY COLLINS SOLICITORS LLP ( ACS )

Minimum Educational Requirements

First Time Home Buyer s Guide. Produced by: The Michael Vincent Property Group

Acquisition IOWA 2015 CDBG MANAGEMENT GUIDE APPENDIX 2 PAGE: 79

Sample Exam 1 Textbook Rationales

National Housing Trust Fund Allocation Plan

NC General Statutes - Chapter 42 Article 5 1

Assembly Bill No. 140 Committee on Commerce and Labor

Table of Contents SECTION 1. Overview... ix. Schedule...xiii. Part 1. Origins of Eminent Domain

ROEBLING MANSION REDEVELOPMENT AREA PLAN

The Valuation of Undivided Interests in Real Property and Factors that Influence the Discount Applied by Business Appraisers

CLASS 7B ELIGIBILITY BULLETIN

What is my Property Zoned? A Customer-Friendly Zoning Map

Looking at Quality of Life Issues from an Enforcement Perspective. What s s on the full plate? How can we work together?

April 26, Re: Reference: No , Exposure Draft: Leases and Exposure Draft, Leases, ED/2010/9

New York s Land Bank Act

BOARD OF COUNTY COMMISSIONERS DATE: December 16, 2014 AGENDA ITEM NO. 35. Public Hearing [t(" Consent Agenda D Regular Agenda D

GOVERNMENT CODE SECTION

Chapter 16: Selling a Business: Finishing Steps

INSERT YOUR COMPANY LOGO HERE. Home Selling Guide. A Real Estate Solutions Company

CS/HB 345 (Chapter , L.O.F.) Educational property tax exemption Committee on Real Property and Probate and Representative Brummer

BUILDING PERMIT INSTRUCTIONS CONTRACTOR

Chapter 6 Summary Control of Land Use: Control of Land Use

DEPARTMENT OF ECONOMIC DEVELOPMENT Unified Government of Wyandotte County/Kansas City, Kansas

Chapter HISTORIC PRESERVATION

THE BOROUGH OF BRENTWOOD

ACQUISITION. Real Property Acquisition For Kansas Highways, Roads, Streets and Bridges

TDR - Lessons from Mumbai

REAL ESTATE APPRAISAL SERVICES

Agricultural Leasing in Maryland

Special Purpose Properties. Special Valuation Considerations

Financing a farm can be a challenge. It is one thing to dream of farming, quite another to make it a reality. It is important to be realistic in

Guidelines for the Consideration of Applications for the Demolition or Moving of Structures Within the Northville Historic District

ATTN: Project Manager:

HOUSING MARKET REPORT BERLIN 2018: NO END IN SIGHT TO PRICE UPTREND. - Asking rents for apartments rise 8.8 percent to 9.79 per sq m and month in 2017

REAL ESTATE TOPICS JUNE 1, 2008 NEGOTIATING AND STRUCTURING JOINT VENTURE AND LLC AGREEMENTS

The URD II Plan, for example, drafted in 1991 recognized both the need and opportunity for affordable housing development stating on page 49:

DRAFT HOA Transfer Fees: Status Letter and Updating Records Frequently Asked Questions

Cleaning Up Brownfields through Community Land Trusts

Homeowners Association Newsletter Spring 2017

Senate Eminent Domain Bill SF 2750 As passed by the Senate. House Eminent Domain Bill HF 2846/SF 2750* As passed by the House.

6/16/2010 SELLING MUNICIP SELLING

Crestgate Pyramid Appeal of Planning Commission Decision

Cheat Sheet 3 Formulas to Know When Investing in Multi-Family Homes

The City of New York Manhattan Community Board 8 Zoning and Development Committee Meeting January 24, 2017 Lenox Hill Hospital, Einhorn Auditorium

Freehold to Leasehold Title Splitting Remember Shaving Foam

Transcription:

John R. Todd 1559 N. Payne Ave. Wichita, Kansas 67203 (316) 312 7335 cell March 9, 2016 Representative Mark Hutton House Committee, Commerce, Labor and Economic Development Attn: Linda Herrick, Committee Assistant Statehouse, Room 521 E Topeka, Kansas Subject: My OPPOSITION to Senate Bill No. 338 scheduled for public hearing in the House Committee on Commerce, Labor and Economic Development on March 9, 2016 at 1:30 p.m. in Room 346 S. Dear Representative Hutton and members of the Commerce Committee, My professional career was that of a self employed real estate broker and developer. It was through 30 plus years of hands on experience that I gained an appreciation of the importance of private property rights as enumerated in Amendment V of the U.S. Constitution, No person shall be deprived of (his or her) property, without due process of law; nor shall private property be taken for public use without just compensation. I consider private property rights the bedrock for all of our liberties. Here are problems I have with the proposed Senate Bill No. 338: 1. Senate Bill #338 appears to provide local governmental units with additional tools that they don t need to take properties in a manner that circumvents the eminent domain statutes that private property rights advocates fought so hard to achieve in 2006. 2. The total lack of compensation to the property owner for the deprivation or taking of his or her property is missing in the bill. 3. Allowing a city or their third party take possession of vacant property they do not own and have not obtained legal title to is wrong.

4. Cities in Kansas should be required by law to be held to the highest standards in finding owners of vacant properties. No mention is made in the bill of requiring cities to obtain a private title companies insured commitment as a guarantee of a clear title. 5. And, before you grant any additional taking authority to cities in Kansas, please take a look of how the City of Wichita is currently and has been solving houses code violations over the last several years through current state law. SEE EXHIBIT A 6. Please take a look at a comparison between a free market private sector solution as contrasted to a government mandated program to achieving affordable housing and the impact highly subsidized government housing solutions are having on adjacent home owners. SEE EXHIBIT B 7. See EXHIBIT C for the normal flow of home ownership in a market driven society. In summary, cities in Kansas clearly have all the powers they need to deal with property issues through current law. By enhancing the power of cities and their appointed non for profit community redevelopment organizations to take privately owned properties without compensation in an involuntary manner violates the individual private property rights that are essential for the rule of law and liberty to prevail. PLEASE OPPOSE THE PASSAGE OF SENATE BILL NO. 338! Sincerely, John Todd Enclosures: Exhibits A, B, and C

EXHIBIT A Over the last few years literally hundreds of vacant houses like the pictured house have been bulldozed for housing code violations by the City of Wichita and the property owner(s) were paid nothing for their destroyed houses. My personal unofficial guestimate is that 4 out of 5 of the houses destroyed in the city of Wichita were located in a predominately African American community. Houses of similar design and floor plans and age were built in other neighborhood communities across Wichita and have not been torn down. Does this represent selective enforcement of the law? Is this the only neighborhood in Wichita with these types of housing violations? In my opinion, many of the houses had economic value that could and should have been saved from bulldozing and rehabilitated into low cost AFFORDABLE HOUSING. When the City of Wichita bulldozed these houses, I have been advised by city officials that the cost of demolition is in the $8 10 thousand range per house. This demolition cost gets charged back against the vacant lot and the property owners are paid nothing for their property. Over recent years, literally hundreds of houses have been bulldozed through Wichita city government mandated action leaving hundreds of vacant lots like the lot pictured that collect trash, grow high weeds, draw rodents, and themselves create a blighting influence on the neighborhoods in which they are located. I have a map showing the vacant lots in what was a predominately African American neighborhood. With a $8 10 thousand bulldozing fee attached to each lot it is easy to understand why most of these vacant lots are sold at a Sedgwick County tax sale. I have witnessed these lots selling for less than $100 each and can t recall any selling for more than $500.00.

EXHIBIT B This house was purchased by an enterprising young couple who recognized the opportunity for rehabilitation and seized it. Through a Spanish interpreter they related that they paid $1,900 total for this run down house and were rehabilitating it as a home for their young family. By doing the work themselves they indicated that they were able to hold rehabilitation costs to around $16,000 for a total rehabilitated cost of $17,900. I am of the opinion that this rehabilitated home would retail as low cost AFFORDABLE HOUSING in the $25 30 thousand range. I know of a private developer who buys similar houses from property owners whose houses are subject to the City s bulldozer. He pays these property owners $1 2 thousand for their houses and then rehabilitates them for rent and/or sale. He is the only option available to these property owners who are being pressed by the city s bulldozer if they hope to recover anything for their privately owned property. A couple of non profit corporations in Wichita build the new government housing at a recent rate of 8 10 houses per year on the vacated lots in this community. I am told that the houses cost $120,000 to build, but city and Federal rules mandate that they be sold to buyers meeting government requirements for $92,500 each for a shortfall loss of $27,500 that is made up by Federal taxpayers. Another Federal program working in tandem with this program allows qualified buyers 20% of the purchase price as their down payment on the $92,500 purchase/sales price with the Federal taxpayers picking up this additional $18,500 shortfall. With an additional buyer incentive of $4,500 for closing costs, the total cost to the Federal government is in excess of $50 thousand for each house built and sold through this program. Qualified buyers for these houses must have $1,000 of their own cash and wind up with a $74,000 loan on the property. In other words, they have purchased a $120,000 house for $74,000 and they have a total of $1,000 of their own money invested in the home! I show this neighborhood house that exhibits pride of ownership like many other homes in this neighborhood community. The owner more than likely made a down payment and paid closing costs out of his own pocket and has perhaps has made principal and interest house payments for a 30 year period and now owns his own home free and clear of a mortgage only to discover that his $75,000 free and clear house that he or she purchased the hard way now has to compete with new $120,000 houses in the neighborhood that are actually selling for $74,000 with total buyer commitment of only $1,000! WHAT IMPACT DOES THIS UNFAIR COMPETITION HAVE ON THE VALUE OF THIS GOOD CITIZEN S HOUSE WHO PLAYED BY THE RULES AND DID THINGS THE RIGHT WAY? Doing this to a property owner who has played by the rules and has achieved the American dream of home ownership is patently unfair and wrong!

EXHIBIT C (Explains the natural course of market driven home ownership.) This is low cost $30,000 affordable starter home, when rehabilitation is complete, will serve a young family as their first time INCUBATOR home that provides them with equity build up towards their family s purchase of say a $75,000 house. This $75,000 house is the perfect move up home for our couple who started with the $30,000 incubator house. This $120,000 private sector built home is perhaps the next move up for our $75,000 home owner. This home was constructed by a private sector for profit builder without government subsidy. This home truly reflects the market driven value that buyers need for economic certainty. THE SEQUENCE DEMONSTRATED IN THIS EXHIBIT SHOWS HOW THOUSANDS OF AMERICANS ACHIEVE THE DREAM OF HOME OWNERSHIP.