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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

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

Q&A With Bilzin Sumberg's Howard Nelson

Originally Published in Law360 on March 28, 2013. Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...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

Update: After Rehearing, Court Of Appeal Upholds Its Previous Parcel Tax Ruling

The court of appeal recently upheld its previous ruling that a parcel tax approved by Alameda Unified School District (“District”) voters violates the Government Code’s restriction that special taxes apply “uniformly to all...more

Eminent Domain News from the State Capitol

Multiple bills regarding the power and exercise of eminent domain, both generally and by common carriers, have been filed during the current Texas legislative session. Below, please find a list of those bills with a brief...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

How Secure is Your Pennsylvania Real Property Tax Exemption?

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property...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 Supreme Court Speaks; Some Taxpayers Shudder

Originally published in the Commercial Property Executive on January 16, 2013. Property owners frequently raise legitimate questions about hard-to-fathom differences between assessments of similar properties, as well as...more

Hoku Lele, LLC v. City and County of Honolulu

Opinion of the Hawaii Intermediate Court of Appeals

The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "action...more

Koontz v. St. John's River Water Management District

Brief Amicus Curiae of Owners' Counsel of America in Support of the Petitioner

Today, on behalf Owners' Counsel of America, we filed this amicus brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That's the case asking whether the "essential nexus" and "rough...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

U.S. Supreme Court Grants Certiorari in Koontz IV, Reviewing Decision of Florida Supreme Court

We've delved into the background of the Koontz litigation here in past posts; suffice to say that it's a legal controversy between landowner Coy Koontz and his local water management district that has gone on for years (18...more

Voting on 11 Amendments to Florida's Constitution: Analysis Available, Future Property Tax Revenues Will Be Impacted

Florida has 11 proposed amendments to its state constitution, some of which will impact Florida's real estate industry directly while others may have more of an indirect impact on real estate development and investment here. ...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

UPDATE: Sifting Through the Ashes: The Demise of Redevelopment Agencies and the Scramble to Figure Out the Next Step By Brian D....

INTRODUCTION - Faced with a multi-billion dollar budget deficit, Governor Jerry Brown targeted the dissolution of redevelopment agencies (“RDAs”) as a means to lower the deficit and redirect RDA assets to other areas of state...more

Legal Byte: “Boundary by Agreement:” a fence alone is not enough

California landowners can agree on a boundary between their properties. However, they have to conform to specific requirements by California law....more

Property Valuation Topics - Summer 2012

In This Summer 2012 Issue: - Governor Vetoes Revaluation Postponements - Greenwich Appoints New Assessor - In Valuation, Sometimes The Devil is in the Details - National Developments Matched to Local Market -...more

Welcome Stranger!

Generally the sale or exchange of real estate will not affect the status of the assessment on the property. This basic rule is founded upon the statutory and constitutional theory that it is inequitable and unfair to change...more

Property and Business Owners' Precondemnation Damages Claims Dismissed

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

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?

"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