News & Analysis as of

Constitutional Law Zoning, Planning & Land Use Residential Real Estate

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

The Supreme Court Is Hearing a Case Today That Could Change How We Determine If a Property Is the Subject of a Regulatory Taking

This year the Supreme Court of the United States will hear a highly-anticipated regulatory takings case that may determine whether two legally divided, but commonly held parcels, should be considered as one parcel in a...more

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

by Nossaman LLP on

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

Can Zoning Stop Property Owners from Renting?

by Farrell Fritz, P.C. on

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

by Clark Hill PLC on

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Quality Built Homes Revisited: The Court of Appeals Weighs In On Critical Issues

by Poyner Spruill LLP on

If you happen to work in local government, are a developer who has worked with a local government, or simply have an interest in the world of municipal water and sewer services, you are no doubt aware of the North Carolina...more

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

The Future of Airbnb in New York

One of the most controversial and popular topics in real estate today involves Airbnb, the online home rental service, and the concept of transient rentals. In New York City, Airbnb’s largest market in the United States, this...more

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

by Best Best & Krieger LLP on

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

New Opinion Clarifies Takings Law Regarding Affordable Housing Programs

by Nossaman LLP on

Last year, my partner Ben Rubin reported on the California Supreme Court’s decision in California Building Industry Association v. City of San Jose, which analyzed an inclusionary housing ordinance and held that such...more

California Supreme Court Upholds Precondemnation Procedures

by Snell & Wilmer on

On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

by Nossaman LLP on

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

How to Negotiate a Right of Entry After Property Reserve

by Nossaman LLP on

Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more

The Olympics’ Secret Use of Eminent Domain

by Nossaman LLP on

It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more

Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

by Nexsen Pruet, PLLC on

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

by Nossaman LLP on

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

by Nossaman LLP on

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Court Decision Dismisses Challenge to Gun Lake Band’s Trust Land

by Varnum LLP on

Last Friday, July 15, the D.C. Circuit Court of Appeals affirmed the constitutionality of the Gun Lake Trust Land Reaffirmation Act. Because the Court agreed with the D.C. District Court's finding of constitutionality, it...more

Eminent Domain in California – What You Should Know and What You Can Do BEFORE the Government Comes to Take Your Property

Public development and infrastructure projects are on the rise in California. This is a good thing for the economy. InfrastructureBut it also means that private property will often be needed to complete these projects. Public...more

If You Build It, They Will Get Just Compensation

by Robins Kaplan LLP on

One thousand nine hundred fifty-four (1,954) miles: the length of the United States’ border with Mexico, and the possible future site for President Donald Trump’s infamous Great Wall. The Wall has been a calling card of the...more

Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

Update: California Supreme Court Oral Arguments

by Nossaman LLP on

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

City of Perris v. Stamper Oral Arguments Are Next Week

by Nossaman LLP on

If you are an eminent domain junkie like us, then you will appreciate knowing that the City of Perris v. Stamper case (S213468) will be heard by the California Supreme Court on May 5, 2016, at 9:00 a.m. in San Francisco. As a...more

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

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