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Mainebiz Real Estate Insider – A Field of Dreams: Imagining a Solar System in the Back Forty

In April 2014, the Maine legislature passed The Maine Solar Energy Act, finding that solar energy development in Maine would help protect and improve the well-being of its residents, as well as provide greenhouse gas...more

Fracking Hearings Set to Begin in North Carolina

This Wednesday in Raleigh will see the first of four upcoming public hearings in North Carolina over the state’s proposed fracking rules. The hearings are part of the final phase of rule making, coming after two years of...more

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more

New Disclosures Required Regarding Subsurface Rights In Florida

On May 12, Florida Governor Rick Scott signed into law CS/CS/CS/HB 489, regarding subsurface rights disclosures. The bill creates a new Section 689.29, Florida Statutes. Beginning October 1, 2014, a seller of residential...more

Take That! Second District Court of Appeal Clears Major Hurdles for Newhall Ranch Project, Provides Guidance on California’s...

California’s Second District Court of Appeal, Division Five, issued a decision on March 20 in Center for Biological Diversity v. Department of Fish & Wildlife (Case No. BS131347), overturning the trial court’s decision...more

2 and 1/2 Strikes and the NGOs May Be Out: EPA Refuses to Exercise Residual Designation Authority

Stormwater regulation is a thorny issue. There is widespread agreement that nutrient run-off can be a significant problem, but little agreement on what to do about it, since stormwater infrastructure is normally managed by...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

Continuing Uncertainty About the Exercise of Eminent Domain in Pennsylvania

The proliferation of unconventional natural gas production in the last few years has been an economic and energy boom to Pennsylvania and other key stakeholders, like local municipalities, exploration and production firms,...more

New York Landowners Sue Governor Cuomo Over Fracking Review

A large group of New York property owners have filed suit against Governor Andrew Cuomo, demanding that the state concludes its five-year-long assessment of whether to allow high-volume hydraulic fracturing. The group, called...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

7 Illinois Laws Community Associations Need To Know

Chicago Financial Books and Records Disclosure Ordinance (Effective January 15, 2014) - Levenfeld Pearlstein, LLC Partner Howard S. Dakoff testified on January 8, 2013, before the City of Chicago Committee on Housing...more

LEED Silver Requirement To Be Introduced in Montgomery County

On January 21, Montgomery County Councilmember Roger Berliner will introduce 13 legislative initiatives to increase the County's commitment, in the public and private sector, to reducing greenhouse gas emissions by 80 percent...more

REsource - Winter 2013/2014

In This Issue: Bringing Non-U.S. Capital Into (and Back Out of) U.S. Real Estate; A Wider Play of Shale: A Hydraulic Fracturing Primer; California Clears Way for Pollution Clean-Up with AB 440; and Which Way is the...more

Surface Owner’s Regulatory Taking Claim Denied

In Walton v. City of Midland, the surface owner of a 35 acre tract within the city limits of Midland, Texas, contended that a provision in a city permit for an oil or gas well was a regulatory taking because it required the...more

Proposed Amendments to VSMP Regulations Would Move Goal Posts

The State Water Control Board recently issued a Public Notice concerning proposed amendments to the Virginia Stormwater Management Regulations, 9 VAC 25-870, et seq. (the “Regulations”), and indicated it will consider those...more

Court Holds Groundwater Augmentation Charge is Not Subject to Voter Approval Requirements of Proposition 218

Notice of a Public Hearing for a Property-related Fee or Charge Must Only be Mailed to the Record Owners of Each Affected Parcel - A California court of appeal recently held that a groundwater management agency’s...more

DISPUTE RESOLUTION: Oil & Gas: Litigation Texas Supreme Court Reaffirms Minerals Estate's Superior Rights

It has long been a rule in Texas that the mineral estate is dominant over the surface estate. This rule has taken on increased importance recently with the shale boom driving increased E&P activity in the state....more

Edwards Aquifer Authority v. Bragg: A Summary for Non-Attorneys

The Texas Supreme Court's ruling in Bragg makes clear that, at least in some circumstances, a groundwater conservation district's denial or limitation of a permit seeking to pump groundwater for irrigation can constitute a...more

New Study Posits Correlation between Extraction/Injection Wells and Seismic Events in Eagle Ford Shale

A new study assesses potential correlations between small-magnitude seismic events with fluid extraction and injection in the area of the Eagle Ford Shale of south-central Texas....more

Adopting Thresholds of Significance Under CEQA Not Subject to CEQA Review

In California Building Industry Association v. Bay Area Air Quality Management District (CBIA) (Case No. A135335 (Cal. Ct. App. 1st, August 13, 2013)), the First District Court of Appeal overturned the trial court and held...more

When Can You Sue the State Without Naming the State?

I'll give you a hint, this is a bit of a trick question. Give up? Okay. Whenever you name a State agency, of course. In Lavine v. State of California (pdf), a property owner filed a lawsuit after the Regional Water...more

This Land is Your Land...Or Is It?

As the economy has improved in recent years, the state road department, municipalities and public utilities have all been gearing up to construct needed projects. To do this, the government typically requires lands in private...more

Legal Update: Army Corps of Engineers Issues New Endangered Species Act Section 7 Guidance

On June 11, 2013, the Army Corps of Engineers (“Corps”) issued a new Endangered Species Guidance Document (“Guidance”) on the Section 7 consultation requirement for federal discretionary actions. While focused primarily on...more

Establishing A Legal Lake Level

If you are fortunate enough to own property on one of Michigan's 11,000 inland lakes you have probably been unhappy with the lake level at one time or another....more

DISPUTE RESOLUTION - Oil & Gas Litigation - Heightened Scrutiny of Pipeline Companies' Common Carrier Status Perhaps a New Reality

Two recently-decided Texas cases illustrate that heightened scrutiny of pipeline companies' status as common carriers may be applied when landowners challenge their ability to secure easements by eminent domain. ...more

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