Tag Archives: laws

The difficulty in removing racial covenants from deeds

Posted on by

Many properties in the United States had racial covenants written into their deeds where it was stated that the property could not be sold to people of particular racial and ethnic groups. Removing those statements on deeds today can be a difficult task:

Photo by Andrea Piacquadio on Pexels.com

Cisneros, who is white, said she wanted the covenant removed immediately and went to the county recorder’s office. What she thought would be a simple process actually was cumbersome, expensive and time-consuming. She took time off work and had to get access to a private subscription service typically available only to title companies and real estate lawyers. There were forms to fill out that required her to know how property records work. She also had to pay for every document she filed…

In the end, Cisneros learned that the offensive language couldn’t be removed. That is often the case in other cities if officials there believe that it’s wrong to erase a covenant from the public record. Instead, the county agreed to attach a piece of paper to Cisneros’ covenant disavowing the language…

Sullivan knew the only way to rid the language from the record was to lobby elected officials. She teamed up with a neighbor, and together they convinced Illinois Democratic state Rep. Daniel Didech to sponsor a bill. The lawmaker found an ally in Democratic state Sen. Adriane Johnson. The bill allows property owners and homeowners associations to remove the offensive and unlawful language from covenants for no more than $10 through their recorder of deeds office and in 30 days or less, Johnson said. Illinois Gov. J.B. Pritzker, a Democrat, signed the bill into law in July. It takes effect in January 2022…

Illinois becomes the latest state to enact a law to remove or amend racially restrictive covenants from property records. Maryland passed a law in 2020 that allows property owners to go to court and have the covenants removed for free. And in September, California Gov. Gavin Newsom, a Democrat, signed a bill that streamlines the process to remove the language. Several other states, including Connecticut and Virginia, have similar laws.

I could see how many Americans today would want to strike the racial covenant from their current property but their ability to do so depends on local laws. Righting past wrongs is no quick task, even when later actions have nullified the effects of the earlier language in these deeds.

And there could be a lot of racial covenants out there:

It’s impossible to know exactly how many racially restrictive covenants remain on the books throughout the U.S., though Winling and others who study the issue estimate there are millions. The more than 3,000 counties throughout the U.S. maintain land records, and each has a different way of recording and searching for them. Some counties, such as San Diego County and Hennepin County, which includes Minneapolis, have digitized their records, making it easier to find the outlawed covenants. But in most counties, property records are still paper documents that sit in file cabinets and on shelves. In Cook County, Illinois, for instance, finding one deed with a covenant means poring through ledgers in the windowless basement room of the county recorder’s office in downtown Chicago. It’s a painstaking process that can take hours to yield one result.

The deeds and the potential racial covenants contained therein highlight how land and property is acquired, obtained, and passed along in the United States. There is much to consider there: how was the land acquired and from whom? Who does it benefit now and in the future?

Illinois bans creating new government bodies for four years

Posted on by

Among new laws in Illinois is one that limits the formation of new government units:

HB 0228: Prohibits creating new levels of government for four years.

The Chicago Tribune interprets this law:

No new units of government can be formed in Illinois for four years.

According to Illinois Policy, Illinois has the most local governments with 6,963, giving Illinois nearly a 2,000 unit lead over Texas. A four year ban presumably slows the growth of these government bodies but I still have questions about the efficacy of this law:

  1. Does this translate into savings for taxpayers? Perhaps it simply slows future costs.
  2. Does this mean that lawmakers were unable to consolidate local governments and this was the best they could do? On one hand, people decry the spread of local governments and taxing bodies but they tend to like local control when it suits their interests.
  3. Are any others states ever going to approach the number of local government units that Illinois has?

We don’t want automated cars driving the current speed limits

Posted on by

Should automated vehicles follow all the current traffic laws or will they need to be changed?

When Delphi took its prototype Audi robocar from San Francisco to New York in April, the car obeyed every traffic law, hewing to the speed limit even if that meant impeding the flow of traffic.

“You can imagine the reaction of the drivers around us,” Michael Pozsar, director of electronic controls at Delphi, said at a conference in Michigan last week, according to Automotive News.  “Oh, boy. It’s a good thing engineers have thick skin. All kinds of indecent hand gestures were made to our drivers.”

And that indicates that a problem is brewing, argues Prof Alain Kornhauser, who directs the transportation program at Princeton University. “The shame of the driving laws is that they all sort of have a ‘wink’ associated with them,” he says. “It says 55 miles per hour, but everyone knows that you can do 9 over. If that’s the situation, why isn’t it written that way—with a speed limit at 64?”…

In fact, if all cars were autonomous and connected to each other wirelessly, they wouldn’t need stop signs even at the intersections of multilane highways…

I imagine following the speed limit in the Chicago area would lead to some very unhappy drivers. Theoretically, we might not even need speed limits with driverless vehicles as it would all be dependent on the conditions. This might mean that vehicles would go slower at times than drivers might like (perhaps in inclement conditions) but could go a lot faster and more safely even with a good number of drivers nearby.

But, if traffic laws need to be changed, when exactly would this happen? Presumably, it will take some time to introduce these vehicles onto the road and some time for them to grab a large part of the market. Of course, the government could push all new cars in this direction – particularly since they could be so much safer – but older models would still be on the road for some time. To change the laws, all the cars need to switch over at once, an unlikely event. Until all cars are driverless, traffic laws would have to be more conservative to account for drivers but that probably wouldn’t make the new owners happy.

Overall, I haven’t seen much discussion of how automated cars and cars with drivers will mix even as we creep closer and closer to this eventuality.