Civil Remedies › Constitutional Law › Residential Real Estate

The Mechanics of Mechanics Liens

One of the most effective payment remedies for direct contractors, subcontractors and material suppliers is the mechanics lien. First conceived by Thomas Jefferson to encourage construction of the then “new” capital city of...more

Another Failed Regulatory Takings Claim Under Penn Central

We've talked in the past about just how hard it is to state a regulatory takings claim under the Supreme Court's decision in Penn Central Transportation Co. v. New York City, 438 U.S. 104. I'd go through the test and how...more

Harold C. Wallace v. Midwest Financial & Mortgage Services Inc., et al

Sixth Circuit U.S. Court of Appeals re: Summary Judgment Reversed for Appraisal Fraud

A Sixth Circuit U.S. Court of Appeals panel on April 23 reversed an award of summary judgment to a mortgage lender, a mortgage brokerage firm and its principals after finding that an appraisal that inflated the value of a...more

Jury Sides With Property Owner in Solano County Eminent Domain Trial

According to an article in the Daily Republic, Jury: County owes $1.24M in eminent domain dispute, Solano County and a local land owner recently completed an eminent domain trial, and the jury sided with the owner. The case,...more

Regulatory Takings: Monks v. Rancho Palos Verdes Revisited (Again)

For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

Recent Developments In Utah Condemnation Law (2012)

In This Issue: - Utah Department of Transportation v. FPA West Point, et al., 2012 UT 79 (Utah Nov. 20, 2012) - Utah Department of Transportation v. Admiral Beverage Corporation, et al., 275 P.3d 208 (Utah...more

Valuation Disputes Centering on Severance Damages and Highest & Best Use

Below are some updates on California projects have turned to eminent domain to complete right-of-way acquisition. They involve issues that are somewhat typical in condemnation proceedings: disputes over severance damages and...more

California High-Speed Rail - What You Need To Know

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more

The Condo Report: Special Edition - All about pets in condominiums

TABLE OF CONTENTS: - 1 Pet Restrictions in Condominiums - 4 Condo Pet Eviction - 5 Another Condo Pet Eviction - 6 Enforcement of Pet Rules – Something New! - 7 Nuisance Pets in Condominiums – It’s not the Dog’s...more

When They Make You an Offer You Can’t Refuse...

Property rights are part of the fabric of American law - They have been protected by the U.S. Constitution since adoption of the Bill of Rights. But the protection of property rights is not absolute. The Fifth Amendment...more

Virginia Supreme Court Opinion Affecting Local Government Law: September 14, 2012

On September 14, 2012, the Virginia Supreme Court issued no opinions affecting the practice of Virginia local government law. Actually, that is not true. While no opinions involved cases with local government parties,...more

Tenants may get paid when property is ‘taken’

Originally published in the Seattle Daily Journal of Commerce on September 13, 2012. What rights do tenants have in an eminent domain proceeding? It has been established law in Washington that tenants have the right...more

CCA Associates v. United States

Brief Amicus Curiae Of The National Federation Of Independent Business Small Business Legal Center, The CATO Institute, And The...

This procedurally complex case boils down to a simple constitutional question: If the government reneges on a contract and forces a property owner to rent apartments at below-market rates for longer than originally agreed,...more

Florida Real Estate Litigation – Eminent Domain and its Limitations

Fundamentally, eminent domain describes the power of the state to seize private property without the owner’s consent. The property must be taken for some "public use" (utilities, highways, schools, or parks, for example), and...more

Eviction Of Tenant Without Cause From Low Income Housing Which is Government-Subsidized But Privately Owned Violated Tenant’s...

A court of appeal found that a tenant of a privately owned low income, government-subsidized housing was deprived of a protected property interest when the property manager evicted a tenant at the conclusion of her lease...more

Tenants Win in Supreme Court Ruling on Rent Control

In a victory for tenants, the U.S. Supreme Court has let New York City’s hallowed rent stabilization law stand, refusing to hear an appeal by the landlords of two townhouses on West 76th St. who challenged the...more

Are Florida Right of Way Corridor Preservation Ordinances Unconstitutional? Land Owner Wins First Round in Federal Fight

In Florida land development, how traffic moves through an area is important - and years in advance of any roadway being constructed, there are land planners who work hard to determine where roads (highways, streets, etc.) are...more

New York Court of Appeals: No Due Process Violation Where Municipality Fails To Give Property Owners Notice of Buyback Rights in a...

On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their...more

RCRA Citizen Suits Are Still Constitutional

2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more

Proposed Constitutional Amendment on Eminent Domain: Cons and Pros

The proposed eminent domain constitutional amendment is pending at the 2012 Virginia General Assembly.  See 2012′s bills on the amendment, HJ 3 and SJ 3.  If these...more

Arkansas Game & Fish Commission v. United States of America

Amicus Curiae Brief of Pacific Legal Foundation and CATO Institute In Support of Petitioner

The Arkansas Game & Fish Commission owns and operates 23,000 acres of land as a wildlife refuge and recreational preserve; the preserve's trees are essential to its use for these purposes. Clearwater Dam, a federal flood...more

Colony Cove Properties v. City of Carson

A Motion For Leave To File Brief Of Amici Curiae And Brief Of Amici Curiae CATO Institute, New England Legal Foundation, et al., ...

When state and local governments violate federal constitutional rights (e.g., First Amendment free speech), they can be sued in federal court — except when that government action violates the Fifth Amendment's protections for...more

Six Years of Separation: Life After Kelo

It has been just over six years since the United States Supreme Court issued its landmark takings ruling in Kelo v. City of New London. The court's widely publicized and mostly criticized ruling found that the City of New...more

Marzulla Law Legal Report - August 31, 2011

In This Issue: - Court Invalidates Critical Habitat Designation - Testimonial - Expert Witness: Chuck Knight - Endangered Species Listings on The Rise: How to Protect Your Rights if an Endangered Species is Listed...more