Residential Real Estate Agriculture Zoning, Planning & Land Use

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Texas Water Wars: Texas v. New Mexico

Learn more about a lawsuit between the states regarding the waters of the Rio Grande River that is creating serious controversy between the two states and may be decided by the United States Supreme Court. This article is...more

Reeves v. Hooton: Texas Right to Farm Act Inapplicable

The Tyler Court of Appeals recently upheld a jury verdict that deemed the Texas Right to Farm Act inapplicable in a case involving the use of a propane cannon. The jury found insufficient evidence that the farmer's use of...more

Edwards Aquifer Authority v. Bragg: A Summary for Non-Attorneys

The Texas Supreme Court's ruling in Bragg makes clear that, at least in some circumstances, a groundwater conservation district's denial or limitation of a permit seeking to pump groundwater for irrigation can constitute a...more

Massachusetts Landlords Smoking Mad About New Medical Marijuana Law

Burned up Massachusetts landlords are fuming with concern over the state’s newly passed but hazy medicinal marijuana law. The law — rolling out Jan. 1 — grants medical marijuana users the right to grow a two-month supply of...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

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

Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"

Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, E049651 (4th Dist. Div. 2, November 22, 2010) In Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, the Court of Appeal considered...more

Kauai Springs, Inc. v. Planning Commission of the County of Kauai

Answering Brief for the Appellee Kauai Springs, Inc.

Issues: automatic approval of zoning permits; public trust....more

Expanding the Texas Right to Farm

This article discusses the Texas Right to Farm Act and the recent Court of Appeals Decision that expands the act's protections to include both nuisance and trespass allegations....more

Expanding Right to Farm Statutes

This article discusses right to farm statutes, focusing specifically on how a recent decision by the Texas Court of Appeals has expanded the protection offered to agricultural operators. The article also discusses how this...more

Daddy Won't Sell the Farm: Drafting Right to Farm Statutes to Protect Small Family Producers

This Comment, published at 18 San Joaquin Agric. L. Rev. 127 (2009), discusses the importance of right to farm legislation, which seeks to prevent nuisance lawsuits against agricultural producers. In particular, this Comment...more

Purchase of Development Rights: Another Option for Conservation Minded Landowners

Many landowners are familiar with conservation easements, a vehicle for preserving land in perpetuity, for which they can realize tax benefits. Few landowners, however, are aware of another option: selling the development...more

Developing Former Agricultural Land? Plan on Looking for Pesticides

For real estate developers, yesterday’s farms and orchards are tomorrow’s industrial park, school or residential development. Redevelopment of former agricultural lands, as it turns out, is also a new focus for the Oregon...more

Maui Tomorrow v. State of Hawaii, Board of Land and Natural Resources

Opinion of the Court

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Maui Tomorrow v. State of Hawaii, Board of Land and Natural Resources

Answering Brief of Appellee Hawaii Farm Bureau Federation

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