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McAfee & Taft AgLINC - Fall 2013: More than just a handshake - Due diligence, purchase contract required for real estate purchases

In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or anything other than a...more

Public Interest in Renewable Energy May Outweigh the Purpose of the Williamson Act; Cancellation of Williamson Act Contracts May...

After a Central Valley county cancelled Williamson Act contracts on ranchland to make way for a solar energy plant, several environmental groups sued challenging the County’s decision. The trial court found against the...more

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

First District Publishes Significant CEQA Decision On Legal Feasibility Of Mitigation For Prime Farmland Losses In Masonite...

In a partially-published opinion filed July 25, 2013, the First District Court of Appeal reversed the trial court’s judgment denying a writ petition with directions that the County of Mendocino prepare and circulate a...more

Supreme Court Holds Temporary Flooding Can Be A Taking

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...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

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Potential Future Takings Do Not Give Rise to Liability

A new Court of Federal Claims opinion was handed down this month coming right out of our own Southern California backyard. The case, Stueve Bros. Farms, LLC v. the United States, deals with whether a "physical taking of...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

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