Residential Real Estate Constitutional Law Construction

Read Residential Real Estate law updates, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Contractors: Beware the Subordination Clause

Did you know that California is the only state in the country in which mechanics liens are a constitutional right? Tis true. Article XIV of the California Constitution states: Mechanics, persons furnishing...more

U.S. Supreme Court Decision On Land-Use Exactions Impacts Developers, Government

If you have ever filed a zoning application and been subjected at the public hearing to a version of the game show “Let’s Make a Deal,” you may find of interest a June 2013 decision by the U.S. Supreme Court that addresses...more

Eminent Domain approved for Agoura Hills Street Widening

Last week, the Agoura Hills City Council approved acquiring 14 properties through eminent domain for its Augora Road Widening and Canwood Street Improvement Project, as reported by The Acorn. The purpose of the project is to...more

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed...more

Will Koontz Mean Big Changes or Business as Usual for Real Estate Development in California

On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been...more

California Supreme Court to Review Inclusionary Housing Requirements

On September 11, 2013, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review challenging a San Jose ordinance that imposed "inclusionary" housing obligations on housing...more

Mississippi's "Stop Notice" Statute Ruled Facially Unconstitutional Deprivation of Property

On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives...more

Court of Appeal Upholds San Jose Inclusionary Housing Ordinance as Legitimate Exercise of Local Police Power

In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more

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

Condemnation Changed (Permanently?) In Virginia

On November 6, Virginia voted by a nearly 3-1 margin to amend the state constitution and drastically change eminent domain law. The constitutional amendment may ultimately be the source of quite a few unintended consequences...more

Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs

The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that...more

Construction & Land Use Newsletter - March 2012

In This Issue: - D.C. Jobs Bill Has Far-Reaching Implications for Contractors...Page 1 - Proposed Amendment to Virginia’s Constitution Could Limit Government’s Use of Eminent Domain...Page 2 - Meet Our Attorneys -...more

Sauce For the Goose? Home Builders Lose a Standing Battle

Developers have cheered in recent years as the Supreme Court has tightened its standing rules. In a decision issued on Friday in National Association of Home Builders v. EPA, the Court of Appeals for the District of Columbia...more

Homeowner Associations And Members Not Necessarily Bound By Arbitration Provisions In CC&RS Or In Related Purchase Agreement Where...

Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and...more

Community Developement Districts Violate Florida Constitution

Years of research for writing a newsletter culminate in this conclusion. The author believes only the unique insight of a real estate broker, mortgage broker, and community association manager with a Master's degree could...more

15 Results
|
View per page
Page: of 1

Follow Residential Real Estate Updates on: