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Zoning, Planning & Land Use Constitutional Law Commercial Real Estate

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Mike Knapek and Steven Dimitt Provide ‘Tips for Handling a RLUIPA Lawsuit’

by Jackson Walker on

Attorneys Mike Knapek and Steven Dimitt represent churches and religious institutions in matters related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). In a recent article published by the American Bar...more

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

by Nossaman LLP on

When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

by Nossaman LLP on

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

Has The Link Between Business Goodwill And Profits Been Severed?

by Miller Starr Regalia on

When property is taken by eminent domain, the owner of a business operated on the property is entitled to compensation for any “business goodwill” lost due to the taking. Usually, “goodwill” translates into a business’s...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

by Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Agenda with Superficial Description Violated Brown Act but Related Land Use Initiative for a Walmart Store did not Violate...

by Miller Starr Regalia on

On January 5, 2017, the Court of Appeal for the Fourth Appellate District partially published Hernandez v. Town of Apple Valley, __ Cal.App.5th __ (2016) (Case No. E063721). The published portion of the opinion addresses...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

by Clark Hill PLC on

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Value Trends of Gas Stations and Car Washes

by Nossaman LLP on

In a previous post, “What is ‘Just Compensation’ For Gas Station Acquisitions,” we explored various methods for valuing gas stations and car washes in an eminent domain action, including a recommendation by a gas station...more

Oh, What Schemes of Glory This Business of Gambling Gives Birth To

by PretiFlaherty on

Article 48, an amendment to the Massachusetts constitution adopted in 1918, states that “the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional...more

Municipal Condemnation of Privately Held Utilities Continues to be a Hot Issue, but at what Cost?

by Nossaman LLP on

In January, I spoke at a conference in Austin about efforts by municipalities to condemn privately-held utility companies. At the time, I figured it would be a one-off presentation on a pretty niche issue, even for eminent...more

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

by Nossaman LLP on

Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

by Nexsen Pruet, PLLC on

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more

Enacting and Enforcing Local Ordinances to Prohibit Medical Marijuana Dispensaries – Up in Smoke?

by Miller Starr Regalia on

California’s cities and counties have a long and growing track record successfully defending challenges to their land use authority filed on behalf of medical marijuana dispensaries. These successes are largely a product of...more

Sikh Temple files suit after Oyster Bay, NY ordered it to stop work and then required SEQRA review

Guru Gobind Singh Sikh Center, Inc. (the “Temple”), on June 29, 2016 in the Eastern District of New York, sued the Town of Oyster Bay, New York, the Town Board, and several Town Officials (together, the “Defendants”) after...more

Oakley to Condemn Century-Old Building for Street Widening Project

by Nossaman LLP on

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more

Muslim Group Rejects New Jersey Township’s Offer to Resubmit Mosque Application

Bernards Township, New Jersey has invited the Islamic Society of Basking Ridge to resubmit an application to develop a mosque. Earlier this year, the Township denied the Islamic Society’s application for a 4,250 square foot...more

Property Reserve Case Set for Oral Argument

by Nossaman LLP on

The California Supreme Court announced today that the Property Reserve case will be heard on May 3, 2016, at 9:00 a.m. in San Francisco. (I’m assuming this is not an April Fool’s joke, since eminent domain attorneys have...more

Religious Institutions Update: March 2016

by Holland & Knight LLP on

Timely Topics - The death of U.S. Supreme Court Associate Justice Antonin Scalia will have an uncertain effect on religious institutions. Justice Scalia delivered the majority opinion in Employment Div. v. Smith, 494 U.S...more

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

by Stinson Leonard Street on

This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation for regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more

Will The Supreme Court Loosen The Reins On Regulatory Takings Claims?

by Miller Starr Regalia on

It is an understatement to say that pursuing a claim against the government for a Fifth Amendment regulatory taking is difficult. The United States Supreme Court has described such claims as presenting “an especially steep...more

[Events] Right of Way & Legal Strategies for Successful Project Delivery - March 1st, Oakland, CA

by Nossaman LLP on

Nossaman LLP and Overland, Pacific & Cutler, Inc. invite you to join us for a complimentary afternoon seminar that will provide insight on taking your project from concept through construction. Our panels of leading industry...more

Eminent Domain: Be Careful What You Ask For

by Snell & Wilmer on

The condemnation of property for public works may not always be as clean and easy as the government would like. Although local governments are often critical players in the cleanup and redevelopment of contaminated...more

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

by Cole Schotz on

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in...more

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