Land Owners

News & Analysis as of

Expert Testimony May Be Required To Establish CERCLA Innocent Landowner Defense

On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more

First Appellate District Court Expands Recorded Easement By Granting Implied License

On January 28, 2015, in Richardson v. Franc, 14 C.D.O.S 941 (2015), the Court of Appeal for the First Appellate District ruled in favor of an easement holder by granting an irrevocable license permitting additional...more

The Electronic Communications Code - Security of Tenure

This is our second article on the Electronic Communications Code. A key issue for operators to be aware of when entering into agreements with landowners or occupiers for the siting of telecoms apparatus on their land is...more

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more

B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss

In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. ...more

Proposed House Bill would Create Appeals Process for Qualified Census Tract and Difficult Development Areas

On July 24, 2014, Rep. Pete Gallego (D-Texas) introduced legislation in the House of Representatives that would amend Section 42 of the Internal Revenue Code to provide for an appeals process for HUD Qualified Census Tract...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

CT Law of the Land: East Windsor v. Dearborn Memorandum of Decision

After about seven years of trying to get a landowner to comply with its zoning and wetland regulations, the Town of East Windsor looked to the courts for enforcement help. ...more

East Windsor Inland Wetland & Watercourse Agency, Et Al. v. Steven Dearborn, Et Al.

Memorandum of Decision

After about seven years of trying to get a landowner to comply with its zoning and wetland regulations, the Town of East Windsor looked to the courts for enforcement help. In a decision released on May 29th 2014 by Superior...more

Doing Business in Latin America and the Caribbean: Honduras

Honduras, in the north-central part of Central America, has a Caribbean as well as a Pacific coastline. Generally mountainous, fertile plateaus, river valleys and narrow coastal plains mark the country. With 112,090 square...more

Hydraulic Fracturing Land Lease Negotiations - Energy Company and Landowner Rights

The objective of this presentation is to provide an overview of the main issues and documents related to the challenges confronting mineral owners in the negotiation of contracts with energy companies. In addition the paper...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

Saying What You Mean and Meaning What You Say: Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for landowners to offer incentives to a locality to grant the rezoning. Such incentives often take the form of proffers, which are voluntary conditions the landowner...more

Locating Utilities – When Municipal Consent is Not Enough

Over the last decade, there have been numerous class actions regarding telecommunication companies’ use of railroad easements. In many of those cases, the telecommunication companies obtained permission from the railroad...more

Agricultural Sector Companies Face Increased Scrutiny on Human Rights-Related Risks

Agricultural sector companies, and companies with large agricultural supply chains, face new scrutiny from investors and other stakeholders concerning human rights-related risks in their corporate supply chains. Key issues...more

Managing Risk: Liability For The Criminal Acts Of Others

There is an ever-present possibility that a land owner may be held liable in damages for the injuries and consequences of criminal acts of strangers. ...more

Preparing for the New Pennsylvania "Oil and Gas Lease Act"

Over recent months, the Pennsylvania General Assembly has increased its focus on issues surrounding royalty payments to landowners from oil and natural gas producers; and on June 30, the legislature sent to the Governor...more

New Jersey Legislature Approves Cluster Development Bill

The New Jersey Senate yesterday gave final legislative approval to legislation that amends the Municipal Land Use Law (MLUL) to expand authorization for the use of cluster developments. The legislation, S2608 (Senators Van...more

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