Church Members Prohibited From Soliciting Donations In Front Of Grocery Store by Kronick, Moskovitz, Tiedemann & Girard on 5/16/2012 Church members can be permanently barred from soliciting donations outside a stand-alone grocery store, under a recent court of appeal ruling (Ralphs Grocery Company v. Missionary Church of the Disciples of Christ (---...more
Back to the Future for Real Estate Tax Exemptions and PILOTs/SILOTs? Charities Must Meet HUP Test and Act 55, Pennsylvania High... by Ballard Spahr LLP on 5/8/2012 For charitable organizations in Pennsylvania, obtaining and preserving real estate tax exemptions just got a little more difficult. The Pennsylvania Supreme Court has ruled that the statute intended to clarify the...more
Pennsylvania Supreme Court Confirms Supremacy of HUP Test for Determining Real Estate Tax Exemptions by Reed Smith on 5/7/2012 On April 25, 2012, the Pennsylvania Supreme Court issued a potentially explosive decision to 501(c) corporations in Mesivtah Eitz Chaim of Bobov, Inc. v. Pike County Board of Assessment Appeals; No. 16 MAP 2011. At issue was...more
Tax Exemption Ruling Defines Public Charity v. Business Interests by Dinsmore & Shohl LLP on 5/3/2012 The Kentucky Supreme Court recently ruled that a private, non-profit entity which acquired and marketed property in order to attract new business to Floyd County, did not qualify for an exemption from paying ad valorem real...more
Evolving Free Speech Legislation Threatens the Rights of Property Owners [Video] by Allen Matkins Leck Gamble Mallory & Natsis... on 4/13/2012 There is conflict between the free speech rights guaranteed by the U.S. Constitution and the right of shopping mall owners. Shopping malls are considered pseudo public spaces by California courts so many free speech tenets...more
Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant [Video] by Allen Matkins Leck Gamble Mallory & Natsis... on 4/13/2012 Ever since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California...more
Texas Supreme Court Heard Condemnation Case Today - $48,000 or $21 million? by Jackson Walker on 2/28/2012 Today the Texas Supreme Court heard an oral argument to decide whether a pipeline company will pay $48,000 or $21 million to condemn 24 acres for a gas processing facility. Rent was less than $23,000 annually; the...more
Statement of Intent to Condemn Do Not Give Rise to Inverse Condemnation Claim by Sheppard Mullin Richter & Hampton LLP on 1/10/2012 The Second Appellate District recently held that public statements and other actions indicating an intent to condemn must clearly meet the criteria set out in the landmark California Supreme Court decision Klopping v. City of...more
Property and Business Owners' Precondemnation Damages Claims Dismissed by Brad Kuhn on 11/22/2011 We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more
Determining the Scope of the Resolution of Necessity in Eminent Domain Actions by Brad Kuhn on 11/22/2011 Before a public agency can exercise the power of eminent domain, it must adopt a resolution of necessity making certain findings in support of the taking of property. The resolution defines the scope of the agency's...more
What is Downzoning and When is it Compensable? by Brad Kuhn on 11/22/2011 "Downzoning" describes a government agency's rezoning a parcel of land once previously zoned for a more intense use to a more restrictive use (e.g., changing the commercial zoning designation of an undeveloped parcel of land...more
California Supreme Court Hears Arguments on the Future of Redevelopment by Brad Kuhn on 11/11/2011 The Supreme Court heard oral arguments yesterday in California Redevelopment Assn. v. Matosantos, the action filed by the California Redevelopment Association, League of California Cities and others challenging the...more
Marzulla Law Legal Report - October 2011 by Nancie G. Marzulla on 10/27/2011 In This Issue: - Ninth Circuit Affirms Validity of Fifth Amendment Claim In Guam - Takings Case Until 2002, Jan's Helicopters operated a helicopter transport business out of the island of Guam, a territory of the...more
Can the Government Condition Development on Cash Payments? by Robert Thomas on 10/26/2011 On October 26, 2011, Mark Murakami presented a lecture to Hawaii landowners, land lawyers, and government officials about an important case currently being considered for review by the U.S. Supreme Court about the...more
Justice Scalia Predicts Kelo v. City of New London Will be Overturned by Brad Kuhn on 10/21/2011 When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more