News & Analysis as of

Jurisdiction Property Owners

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Reaffirms Jurisdictional Lines in Natural Gas Act

On Tuesday, February 13, 2024, in Bohan v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) for the second time affirmed a lower court’s finding that property owners could not bring a...more

Ackerman & Ackerman, P.C.

Transmission Lines and Eminent Domain: What Property Owners Need to Know

One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

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The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

Epstein Becker & Green

Jurisdictional or Nonjurisdictional? That Is the Question: SCOTUS Today

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The Supreme Court issued a single opinion yesterday. Wilkins v. United States concerns a property rights dispute between the federal government and two owners of land near the Bitterroot National Forest in rural Montana to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Wilkins, et al. v. United States

On March 28, 2023, the U.S. Supreme Court decided Wilkins, et al. v. United States, No. 21-1164, holding that the Quiet Title Act’s 12-year limitation period is a “nonjurisdictional claims-processing rule” that does not...more

Rivkin Radler LLP

Revised Nonresident Audit Guidelines For New York Statutory Residence

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Last Week- What a week it was. It began relatively well, with the Cowboys losing the NFC wild card game, albeit to a California team. It ended disturbingly, with the Arizona Democratic Party censuring Senator Sinema...more

Womble Bond Dickinson

Who Owns (And Controls) the Sky? Unresolved Jurisdiction, Property, and Privacy Issues For Consumer and Commercial Drone Operators

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Over recent years, the consumer and commercial market for drones has seen significant growth, and this growth will only continue. Credit Suisse predicts that the drone market will increase to $43 billion by 2024....more

Farrell Fritz, P.C.

Statutory Residence For The “Former” New Yorker

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“Tax the Rich” in N.Y.- Over the last few months, we’ve considered on several occasions how Albany may respond to the fiscal crisis arising from the pandemic and the ensuing reduction in economic activity. These...more

Dechert LLP

Implementing FIRRMA: CFIUS’ Real Estate Final Regulations

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On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued a final set of regulations (“Real Estate Final Regulations”) to...more

Zelle  LLP

Tightening Up Contracts in a Hardening Insurance Market

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Over the past decade, as commercial property insurance rates softened, so too have terms and conditions. In some instances, attempts to broaden coverage have also had the effect of diluting the clarity and consistency of...more

Ervin Cohen & Jessup LLP

Ask the Receiver: Using the Barron rule or the Younger doctrine to Dismiss Cases when sued as Receiver

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Q: I am a health and safety receiver appointed over property that had numerous code violations and was rat infested. The court ordered me to bring the property into the code compliance and, eventually, to sell the property to...more

Pillsbury - Gravel2Gavel Construction & Real...

Illinois Supreme Court Reverses Circuit Court Finding Lack of Jurisdiction Over Public Utility Administrative Actions

On October 18, the Illinois Supreme Court decided the case of Ameren Transmission Co. of Illinois v. Hutchings, et al. According to the Illinois Supreme Court, there is no presumption that Illinois courts have subject-matter...more

Womble Bond Dickinson

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

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A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

Dorsey & Whitney LLP

The Supreme Court - June 23, 2017

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Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

Davis Wright Tremaine LLP

Tenth Circuit Reverses Ruling Limiting Endangered Species Act Jurisdiction Over Intra-State Species

The Tenth Circuit U. S. Court of Appeals dashed the hopes of property rights activists by overturning a district court decision that the Fish and Wildlife Service (FWS) had no jurisdiction under the Endangered Species Act...more

Jackson Walker

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

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On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

Greenberg Glusker LLP

In the Heart of the Rainy Season: The New (Stayed) Clean Water Rule Covers Vernal Pools in California

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After years of drought, the El Niño storms have been bringing much-needed rain and snow to California–albeit in quantities significantly less than we hoped for thus far. In addition to the anticipated snow packs, flowing...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending August 21 & 28 , 2015

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Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more

Miller Starr Regalia

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

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Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...more

Allen Matkins

Army Corps Jurisdictional Determinations Subject to Pre-Permit Judicial Review, Eighth Circuit Says

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EPA and Army Corps of Engineers imposition of federal Clean Water Act requirements can now be challenged in court without waiting for the agencies to bring an enforcement action, at least in the Eighth Circuit. On April 10,...more

Sheppard Mullin Richter & Hampton LLP

Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores...

Earlier this month, the U.S. Department of Justice filed a civil forfeiture action seeking to recover certain Louisiana real estate allegedly purchased with funds traceable to a $2 million bribe paid to a former Honduran...more

Best Best & Krieger LLP

High Court Reaffirms Local Government's Authority in Denials of Applications for Cell Towers

Decision Clarifies that Local Government’s Decision Need Not State Reasons if they are Contemporaneously Published Elsewhere - A local government need not state the reasons for its denial of a new cell-tower...more

Beveridge & Diamond PC

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

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In a win for property owners and project proponents, a Utah federal district court has ruled that the United States Constitution does not authorize the U.S. Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah...more

Nossaman LLP

Utah Court Bucks the Trend: Holds Congress Lacks Power to Regulate Intrastate Species on Private Land

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Contrary to every federal court of appeal decision that has addressed the issue, a federal court in Utah has held that the broad authority of the U.S. Fish and Wildlife Service (Service) to regulate "take" of threatened...more

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