Constitutional Law

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

News & Analysis as of May 21, 2013

Florida Environmentalists Start Petition Drive for Constitutional Amendment Guaranteeing Funds for Environmental Protection Land...

by Rosa Eckstein Schechter on 8/13/2012

This month, a new drive for environmental protection of Florida's natural resources began in a big way as the "Florida's Water and Land Legacy" campaign kicked off -- its goal: to insure there is money in the coffers to buy...more

Massachusetts Federal Court Upholds Local Foreclosure Laws

by BuckleySandler LLP on 7/18/2012

On July 3, the U.S. District Court for the District of Massachusetts dismissed several banks’ challenge to a Massachusetts city’s foreclosure-related ordinances. Easthampton Savings Bank v. City of Springfield, No. 11-30280,...more

Legislature Meets First Committee Deadline

by Winthrop & Weinstine, P.A. on 3/19/2012

The Minnesota Legislature had a busy week at the Capitol, working to meet their first deadline. The deadline for committees to act favorably on bills in the house of origin is midnight on Friday. Committees must act favorably...more

Gov. Brown Proposes New Changes to California Enterprise Zone Program

by Reed Smith on 5/25/2011

California Gov, Jerry Brown recently issued his revised budget proposal. In his proposal, Gov. Brown once again targeted the Enterprise Zone program. However, rather than proposing to eliminate the program in its entirety,...more

Research Memorandum: Eminent Domain & Contract for Deed - Who should the government pay?

by Patricia L Brown & Associates on 12/2/2010

This is a memo I prepared after researching an eminent domain case in which the State of Texas was taking certain property and paying for it. The problem was that the State didn’t know who to pay. My client had purchased the...more

Township “Flat Tax” on Business Upheld

by McNees Wallace & Nurick LLC on 5/10/2010

The Commonwealth Court, in an unreported opinion, has affirmed a decision of the Court of Common Pleas of Bucks County, which held that a business privilege “flat tax” ordinance passed by Warrington Township did not violate...more

Money May Be Available for Lost Development Potential in the New Jersey Highlands Region

by Cole Schotz on 2/2/2010

In 2004, the New Jersey Highlands Water Protection and Planning Act (the “Act”) became law. The law created two distinct regions, the Preservation Area and the Planning Area. Development in the Preservation Area was severely...more

Diverting Tax Increment Revenue to Educational Funds: Is it Constitutional or Wise?

by Miller Starr Regalia on 1/1/2010

Depending upon who you ask, California’s move to reallocate redevelopment funds is either a raid on constitutionally protected tax increment revenue or another example of fat-cat developers stealing precious local property...more

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