Residential Real Estate Constitutional Law Elections & Politics

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Best in Law: Tug-of-War Over Changing Prop. 13 Remains Intense

A “split roll” might sound like something you would find in a bakery. But in fact, it is a real property tax concept that has been the subject of a tug-of-war since Proposition 13 was overwhelmingly passed by California...more

Recent Supreme Court Decision Expands Freedom of Speech Rights for Those in Common-Interest-Communities

The New Jersey Supreme Court’s December 3, 2014 decision in Dublirer v. 2000 Linwood Avenue Owners, Inc., et al., extended the free speech rights of those living within private common-interest communities relating to...more

Nassau County’s Tax Assessment Dilemma: The High Court Invalidates Local Law

In Matter of Baldwin Union Free School District v. Nassau County, the New York Court of Appeals recently struck down a Nassau County (the “County”) law adopted to shift the obligation to pay real property tax refunds onto...more

Texas Reverse Mortgage Constitutional Amendment Takes Effect

On November 22, an amendment to the Texas constitution took effect to permit the use of a reverse mortgage for the purchase of a homestead property. The amendment was approved by Texas voters on November 5. ...more

The City of Richmond Remains Undeterred in its Quest to Condemn Underwater Mortgages

Despite three major banks filing federal lawsuits against the City of Richmond last month related to its plan to condemn underwater mortgages, the City continues to press on. On Tuesday, the City voted 4-3 to continue its...more

House Subcommittee Approves Bill to Limit Power of Eminent Domain

The House of Representatives has once again resurrected the "Private Property Rights Protection Act" (HR 1944), a bill that would limit the power of eminent domain on a nationwide scale. I say once again, because as we...more

Texas Adds Reverse Mortgage Constitutional Amendment To November Ballots

On May 22, the Texas legislature adopted a joint resolution, SJR 18, to propose an amendment to the Texas Constitution to allow a reverse mortgage for the purchase of a homestead property....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

Past CFPB actions may portend fate of mortgage rules

Following the invalidation of three presidential “recess” appointments to the NLRB by the D.C. Circuit Court of Appeals in Noel Canning v. NRLB, theories continue to swirl about the fate of Director Cordray....more

Iligan v. Ungacta

Motion For Leave To File And Brief Of Amici Curiae The National Federation Of Independent Business Small Business Legal Center;...

One of the biggest dangers of not providing adequate constitutional protections for private property is that public officials can misuse their power to take property for private gains. Government actors, after all, have an...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

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

Can Cities Use Eminent Domain To Seize Mortgage Loans? [Video]

July 19 (Bloomberg Law) -- Almost 24% of homes with a mortgage in the United States are underwater, meaning that more is owed on the loan than the property is currently worth. A new company known as Mortgage Resolution...more

Substantial Justice in Eminent Domain Proceedings: The New Date of Valuation for Privately-Owned, Public Utility Companies By:...

Originally published in the Mississippi Bar Litigation Section Newsletter - May 2012. In 2011, amid much fanfare, Mississippi voters overwhelmingly approved an initiative to amend the Mississippi Constitution to...more

For Investors There May Be a Brighter Side to the “Robo Settlement”

Further to Phil Stein’s post on Friday, as we continue to parse through the political rhetoric, the fine print of the settlement agreement, and the hoards of misinformation promulgated by the press, we do not believe that...more

Proposed Constitutional Amendment on Eminent Domain: Cons and Pros

The proposed eminent domain constitutional amendment is pending at the 2012 Virginia General Assembly.  See 2012′s bills on the amendment, HJ 3 and SJ 3.  If these...more

CEQA Mitigation On Conservation Easement Lands: How a Plea to Legislators Killed a Threat to Farmers’ Property Rights (For Now)

Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown, the authors of proposed SB 436...more

Six Years of Separation: Life After Kelo

It has been just over six years since the United States Supreme Court issued its landmark takings ruling in Kelo v. City of New London. The court's widely publicized and mostly criticized ruling found that the City of New...more

HR Files Lawsuit Challenging Redevelopment Bills

Two weeks ago we filed California Redevelopment Association v. Matosantos, an original writ proceeding in the California Supreme Court challenging a two-bill package in which the Legislature first eliminated California's 400...more

Financial Services Regulatory Reform Update - April 4th, 2011

With the looming deadline of Friday April 8th quickly approaching, Congress needs to pass a federal budget this week or else the government will have to shut down because of a lack of funding. Negotiations are ongoing...more

Local Tax Developments: "All Power Is Inherent in the People," BUT

In a recent case most interesting for its discussion of political powers "inherent in the people," the Commonwealth Court has upheld an en banc Lebanon County Court of Common Pleas decision invalidating the tax referendum...more

Hawaii, et al., v. Office of Hawaiian Affairs, et al.

Brief Amicus Curiae of Pacific Legal Foundation, The CATO Institute, and The Center for Equal Opportunity In Support of...

In the 2000 case of Rice v. Cayetano, the Supreme Court held that a race-based scheme allowing only statutorily defined "Hawaiians" to vote for the Office of Hawaiian Affairs's trustees was unconstitutional. Despite Rice, and...more

In re Timothy Ryan

Petition for Writ of Mandamus

On May 10, 2008, respondent City of El Campo, Texas (the City) will hold an election to fill three at-large city council seats. Among the seven candidates for the three positions are relator Timothy Ryan and non-party Jimmy...more

Eminent Domain - Part 2 of 4: Step-By-Step Guide to the Condemnation Process in Oklahoma by Jeff L. Todd

This Article first appeared in Oklahoma Farm Bureau Legal Foundation, February 22, 2008. Initial Proceedings The Oklahoma Legislature has enacted public policy guidelines that must be followed by any "person, acquiring...more

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