News & Analysis as of

Zoning, Planning & Land Use Updates

Read Zoning, Planning & Land Use updates, news, and legal 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 Grave Reality of a Cemetery on Your Property

by Gray Reed & McGraw on

A huge fan of the Hill Country, Skare D. Katz buys a large piece of undeveloped land from the Solable Family outside of Austin. Skare D. plans to build a ranch for retirement. One Saturday while Skare D. is visiting the...more

Calif. cities lift medical marijuana delivery ban: Is L.A. Next?

by Thompson Coburn LLP on

Under the Medical Cannabis Regulation and Safety Act, enacted Jan. 1, 2016, California authorized the delivery of medical marijuana by licensed dispensaries to qualified patients but allowed municipalities to ban such...more

Southern California Environmental Update #3 – April 2017

by Stoel Rives LLP on

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. ...more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

Is Your Neighbor’s Dock on Your Property?

by Varnum LLP on

I've always envied accountants because their busy season ends when the weather starts to get nice. As a riparian rights attorney, I have the opposite problem. When lake season approaches, and docks and lifts are installed, my...more

First District Holds Sonoma County Vineyard Development (VESCO) Permit was Ministerial Approval Exempt from CEQA

by Miller Starr Regalia on

On April 21, 2017, the First District Court of Appeal filed a 22-page published opinion providing significant guidance and analysis concerning the critical, but sometimes elusive, distinction between “discretionary” project...more

Embark Richmond Highway Advisory Group Discuss Transportation, Recreation, and Historical Preservation

by McGuireWoods LLP on

The Embark Richmond Highway Advisory Group met for its 16th meeting on April 24th. The Advisory Group reviewed a 2040 transportation land use analysis prepared by FCDOT. FCDOT estimates ridership of the proposed bus rapid...more

Implications of declaration of boundaries of Konebada Petroleum Park - The Minister for Lands and Physical Planning has recently...

by Dentons on

The Minister for Lands and Physical Planning has recently declared a significant portion of land (including sea areas) on the Western side of Port Moresby to be the Konebada Petroleum Park (KP Park) under section 3(4) of the...more

Shoreham is Catching Rays in Move from Mulligans to Megawatts

by Farrell Fritz, P.C. on

This month, U.S.-based energy giant Invenergy expects to break ground on New York’s second largest solar farm project at the former Tallgrass golf course in Shoreham. A leader in wind and solar development, energy storage...more

Oportunidad adicional para una mayor extensión de permisos de construcción y órdenes de desarrollo

Debido a la reciente declaración del gobernador Scott acerca del estado de emergencia por el virus del Zika, quienes cuenten con permisos y órdenes de desarrollo tienen otra oportunidad para suspender el período restante para...more

Leftover Land? When the Government Takes Part of Your Property, What Happens to the Rest?

by Faegre Baker Daniels on

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders: Interested parties must notify issuing...

Due to Governor Scott's recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

Massachusetts Gaming Update: First Circuit Decision Allows Aquinnah Wampanoag Tribe a Second Shot at Martha’s Vineyard Casino

by Goodwin on

It’s ‘play on’ for the Wampanoag Tribe of Gay Head (Aquinnah). On April 10, a First Circuit Court of Appeals three-judge panel weighed in on the nearly three-and-a-half-year dispute between the Tribe and the Commonwealth, the...more

RLUIPA Round Up

The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more

CPUC Rulemaking Opens Door to Revisit Impacts of Wireless in Public Rights of Way - Local Governments Should Respond by May 3

by Best Best & Krieger LLP on

The California Public Utilities Commission just opened a proceeding that may redefine the rights of wireless providers and wireless infrastructure providers to use utility poles and public rights of way. In addition, the CPUC...more

The future of environmental enforcement? Petition dismissed in Southern California Alliance Of Publicly Owned Treatment Works v....

by DLA Piper on

A new decision in the Ninth Circuit Court of Appeals gives new influence to objection letters sent by the US Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to...more

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

by Nossaman LLP on

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-012, Crowne Health Care of Springhill, LLC, Mobile, AL: Proposes to relocate twenty-six (26) nursing home beds from Crowne Health Care of Mobile, LLC, a 174-bed nursing home....more

California Court of Appeal Strikes Down CARB's Second Review of Low Carbon Fuel Standards - Decision Keeps LCFS Regulations in...

by Holland & Knight LLP on

POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Snell & Wilmer on

The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court...more

West Coast Real Estate Update - April 2017 #2

by Holland & Knight LLP on

California Assembly Member Proposes Bill to Limit Abuse of Service Animal Accommodations - As dogs have transitioned from children's backyard playmates to must-have accessories while their owners are shopping or dining,...more

Border Wall Battles - Can you fight the government’s efforts to take land for the border wall, and how much compensation can you...

Landowners along the border of the United States and Mexico may soon face fast-tracked efforts by the federal government to condemn easements and, in many cases, substantial portions of their land outright through eminent...more

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