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It’s Time to Rewrite Wisconsin’s Single-Party Listing Agreement

A note to the drafters of Wisconsin’s single-party listing contract: It’s time to redefine what triggers the payment of a commission under the contract after a recent decision of Wisconsin’s supreme court in Ash Park, LLC v....more

Letters of the Law: 'L' is for Lien

Contractors, subcontractors, suppliers and consultants cite “not getting paid” as one of the biggest challenges to operating in the construction industry in Qatar. Understandably, companies are starting to look for...more

Real News - Spring 2015

Welcome to Real News! I’m pleased to introduce to you DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this quarter’s edition: - Mark Beardwood looks at service charge...more

Court Clarifies Rules for Recovery of Attorneys’ Fees in Eminent Domain Actions

In California eminent domain actions, absent special circumstances (such as an abandonment, successful right to take challenge, or inverse condemnation finding), a property or business owner is typically only entitled to...more

Major Verdict in Electric Utility Easement Case

More than five years after starting in state court before later restarting in federal court, a federal court jury in Missouri has issued a major verdict in litigation concerning the use of electric utility easements for...more

Defining the “Larger Parcel” in Eminent Domain & Inverse Condemnation Actions

When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more

Property Insurance Law: 2014 Year in Review

Hurricane Sandy continued to generate a significant amount of litigation during 2014 which resulted in several important property insurance decisions. Most notably, as a result of Sandy and other events, the courts...more

What Do You Do When The Bank Wants Your Condemnation Award?

Property owners typically have a lot on their minds when they find out that the government is going to be taking their property. For residential owners, they need to worry about where they are going to live with their...more

Recent Developments in Arizona Construction Law

Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more

Recent Changes to the Mechanics’ Law

Mechanics’ Lien - • An In Rem lien (against real property). • For the payment of all debts due by an owner to a contractor (or by a contractor to his subcontractors) for Labor or Materials furnished....more

How Much Are Your Trees Worth?

In Texas, more than your dog. Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P. is good news for landowners. The Texas Supreme recognized the intrinsic-value-of-trees exception to the general rule for damages to...more

Summary of California’s Prompt Payment Laws

The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh...more

Are You Done Yet? Compensation for Impacts of Public Works in Alberta

During the recent resurfacing of Bow Trail there was a message posted on a pylon sign by an adjacent business owner that read “Bow Trail is not Rome. Please Complete” (see “Road Construction Delays Cause Headaches for...more

N.C. Court of Appeals Reviews Commercial and Residential Summary Ejectment Cases

This week, the North Carolina Court of Appeals waded in waters it doesn't often visit: the back pools of summary ejectment....more

North Dakota Supreme Court Establishes Defense to “No Damage for Delay” Clause

In June 2014, the North Dakota Supreme Court issued its decision in C&C Plumbing & Heating, LLP v. Williams County et al, No. 20130297. The Court articulated a new defense to the application of a “no damage for delay” clause....more

Entry Barred: California Precondemnation Entry Statutes Declared Unconstitutional in Some Circumstances

Provisions of California’s Eminent Domain law known as the “entry statutes” have for decades provided a mechanism for a condemnor, prior to initiating condemnation proceedings, to obtain a court order allowing it to enter...more

Unmitigated Waivers: Guarantors Remain Liable Despite 4-Year Delay in Foreclosure Sale

If a lender delays foreclosure allowing years of default interest to accrue such that a guarantor’s obligation increases from $6 million to $12 million, should the guarantor remain on the hook for the full $12 million? In...more

Recent Trends In Eminent Domain -- And What To Expect Next

2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more

Court Decision Raises Questions About Viability of Precondemnation "Right of Entry" Efforts

Last week, the Court of Appeal issued a decision that may be one of the ones we look back on as among the most significant of 2014 (at least in the world of eminent domain). For years (and certainly for the entire 20 years...more

2013 Eminent Domain Year in Review & 2014 Forecast

It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more

“Procedural and Evidentiary Issues in Condemnation Cases: What Gets in and What Doesn’t?”

Traditional eminent domain trial work is unique. Liability, in the true sense of the word, is not at issue, and very often there is only one simple question for the jury to answer – what amount of money will adequately and...more

On Remand from the U.S. Supreme Court, Federal Circuit Affirms Ruling that Temporary Flooding Resulted in Compensable Taking

As you may recall, last December we reported on the U.S. Supreme Court's decision in Arkansas Game and Fish Commission v. United States, in which the Supreme Court held that government-induced flooding of limited duration may...more

Koontz: The latest chapter in land use permitting and takings

In a landmark environmental case, the United States Supreme Court expanded the scope of potential governmental liability for takings. In Koontz v. St. Johns River Water Mgmt. Dist, 133 S. Ct. 2586 (2013), the Court held that...more

When Projected Eminent Domain Litigation Costs Exceed the Value of the Property Acquisition

Eminent domain litigation can be expensive. Acquiring small strips of property often costs more in legal and appraisal costs than the value of the property itself. Sometimes public agencies have no choice but to condemn...more

N.J.’s Supreme Court Weighs In On Proper Measure of Damages under the Consumer Fraud Act and Interrelationship Between...

In D’Agostino v. Maldonado, 2013 WL 5476857 (Oct. 3, 2013), the New Jersey Supreme Court weighed in on whether the New Jersey Consumer Fraud Act ("CFA") could be triggered by a complex real estate deal between a purported...more

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