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Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

New Hurdles for Public Agencies: Accessing Property May Now Require Eminent Domain Actions

For the first time in 38 years, a court has declared part of California’s statutory eminent domain law unconstitutional. The ruling, if upheld, will create additional hurdles for public agencies and may have unintended...more

Real Estate Tip: Hire Your Own Surveyor to Avoid a Close Call

A recent New Hampshire real estate closing was stalled at the 11th hour when the parties realized that a survey plan did not show the location of a no-build area created by private restriction in the chain of title. Since...more

Recent Trends In Eminent Domain -- And What To Expect Next

2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more

Ruling May Put The Brakes On Some CEQA Investigations

For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action....more

Court Decision Raises Questions About Viability of Precondemnation "Right of Entry" Efforts

Last week, the Court of Appeal issued a decision that may be one of the ones we look back on as among the most significant of 2014 (at least in the world of eminent domain). For years (and certainly for the entire 20 years...more

2013 Eminent Domain Year in Review & 2014 Forecast

It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more

Green Law Corner: What LEED v4 Means for You

In late 2013, the U.S. Green Building Council released its latest version of LEED, Version 4. Most of you have certainly heard of LEED but you may not know what LEED really means. LEED stands for Leadership in Energy and...more

Supreme Court Ruling Represents Major Shift for Railroad Rights of Way

This week, the Supreme Court ruled that the United States Forest Service could not construct a trail on an abandoned railroad right of way (ROW) that crosses through private property. Brandt v. United States, No. 12-1173,...more

Legal Alert: Marvin M. Brandt Revocable Trust v. United States: Supreme Court Opens the Door to Potential Fifth Amendment Takings...

In what is commonly known as a rails-to-trails case, the U.S. Supreme Court held on March 10, 2014, in an eight-to-one decision, that certain railroad rights-of-way revert to private property owners following the railroad’s...more

Rails-to-Trails Decision: Supreme Court Holds that Government Does Not Retain Reversionary Interest

The "Rails-to-Trails" program sounds like such a great idea in theory: take old, abandoned railroad right of way and turn it into public trails. Who would complain about that? Well, it turns out lots of people might...more

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

Covenants In Lieu Of Unity Of Title; A Flexible Vehicle To Address Phased And Multi-Purposed Developments

For years, governmental agencies have wrestled with the concept of how to best regulate and control multi-phased and/or mixed-use developments which may result in multiple ownerships....more

Construction Begins On A Mixed-Use Development In Wynwood

The Wynwood district north of downtown is becoming a hot spot for mixed-use development activities. Recent articles in the South Florida Business Journal and Curbed report that construction is under way on Wynwood House, a...more

I Know My (Vested) Rights! Developing a Project in a Changing Climate

More than one landowner has been disappointed to find out they cannot develop their property how they would like. This disappointment can be compounded if the landowner bought a property based on its zoning potential, but the...more

Latest Community Infrastructure Levy Amendment Regulations come into force

The latest round of amendments to the Community Infrastructure Levy (CIL) Regulations 2010 have come into force. Key changes are: - Phased payment of CIL for hybrid and other multi-phase consents - CIL can be...more

Overriding Interest

In this issue: Permitted Development Rights - Change of Use from Office to Residential..........1 Chancel Repairs..................................2 Flooding............................................3 Changes to...more

UK Government Considers Curtailing Trespass Laws in Favour of Fracking

Following a change to planning laws that was welcomed by developers, government shows signs of promoting shale gas extraction operations in the UK. The UK government has announced that it is reviewing the existing...more

STOP PRESS: Permitted Development Rights - Change of Use from Office to Residential

Hot on the heels of the recent dismissal of the High Court challenge by the London Borough of Islington and others into the exempted areas, Nick Boles, (the Planning Minister) has issued a Ministerial Statement in respect of...more

New Law Grants Two-Year Extension to Remedial Investigation Deadline for Qualifying Parties

This is an important legal development for any company that is cleaning up an old contaminated site in New Jersey and requires more time to complete the remedial investigation. ...more

CEQA Reform: In Like a Lion, Out Like a Lamb

The past legislative session held the prospect for significant reform of the California Environmental Quality Act (CEQA). After the dust settled though, the only proposal able to survive the legislative gauntlet was one...more

The New Environmental Due Diligence Standard Saga Continues

To supplement our prior blog posts with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I...more

Redevelopment Wind-Down: A Few Random Thoughts

I saw a couple of California redevelopment-related stories over the past week that seemed worthy of at least a brief comment. First, a court decision involving a rather bold argument by a public agency. ...more

“Spot Zoning” Found Permissible Where Small Parcel Given Greater Rights than Surrounding Properties and New Zoning Served the...

The Orange County Board of Supervisors (“Board”) approved a proposed senior citizen living community (“Project”) on a seven-acre parcel, creating a new zoning definition for senior residential housing and rezoning the parcel...more

Real Estate Tip – Part 2: Planning Board Demands: When Are They Unconstitutional?

Koontz v. St. John’s River Water Management District 133 S.Ct. 2586 (2013) - In our last real estate tip, we saw how the U.S. Supreme Court under the Nollan and Dolan cases test conditions of approval under the 5th...more

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