News & Analysis as of

Land Owners

Statutory Duties to consider in Underwriting (including some that deal with animals)

by Pessin Katz Law, P.A. on

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to...more

The New Electronic Communications Code - Key Signals for Landowners

by K&L Gates LLP on

The Electronic Communications Code (“Code”) gives rights to certain telecommunication services providers (“operators”) to install and maintain “apparatus” such as masts, exchanges, cables and cabinets on over and under public...more

MPC Permits A Private Cause Of Action To Enforce A SALDO

by Fox Rothschild LLP on

In a case caption Smith v. Ivy Lee Real Estate, LLC, the Commonwealth Court of Pennsylvania was faced with the question if Section 617 of the MPC permits a private cause of action to enforce a subdivision land development...more

Dusky Gopher Frog’s Louisiana Critical Habitat Spawns U.S. Supreme Court Writ

by Liskow & Lewis on

A group of Louisiana landowners, Weyerhaeuser Company, and the Pacific Legal Foundation filed Petitions for Writs of Certiorari this month asking the U.S. Supreme Court to overturn the U.S. Fish and Wildlife Service’s (USFWS)...more

Easy Easements

by K&L Gates LLP on

This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. This Part 1 highlights two cases which explain key principles that can dictate whether or...more

Trial Court Rules that Article 22’s “Original Condition” Refers to Property’s Condition at the Creation of a Mineral Servitude

by Liskow & Lewis on

A July 3, 2017 ruling from the 17th Judicial District establishes that a mineral servitude owner’s obligation under Mineral Code article 22 “to restore the surface to its original condition” means the condition of the...more

California Supreme Court Holds that Landowners Forfeited Right to Challenge Conditions of Permit to Build New Seawall by...

by Miller Starr Regalia on

On July 2, 2017, the California Supreme Court issued its opinion in Lynch v. California Coastal Commission, __ Cal.5th __ (Case No. S221980), holding that the owners of two coastal bluff properties in Encinitas forfeited...more

GA Supreme Court Considering Landowner’s Bill Of Rights Case

by Fox Rothschild LLP on

The Georgia Supreme Court is considering an important case involving the state’s 2006 Landowner’s Bill of Rights statute. At issue is whether certain provisions of that statute are mandatory or merely advisory....more

Landowner Waives Right to Challenge Permit Conditions

Lynch v. California Coastal Commission (July 6, 2017, Case No. S221980) - Why It Matters: Can a landowner accept the benefits of a permit while simultaneously rejecting the burdens of that very same permit? The California...more

Implementation of Minnesota’s Buffer Law: Alternative Practices

by Hellmuth & Johnson PLLC on

This article, the fourth in a series of updates regarding implementation of the Buffer Law, summarizes six common alternative practices that landowners may wish to consider in lieu of a standard buffer... ...more

Findings May be Legally Adequate Even if They Merely Recite the Language of the Ordinance

by Miller Starr Regalia on

On April 4, 2017, in Young v. City of Coronado, __ Cal. App. 5th __ (2017) (Case No. D070210), the Court of Appeal for the Fourth Appellate District affirmed a trial court decision denying a challenge to the City of...more

A new dawn? Revised Telecoms Code receives Royal Asset

by Hogan Lovells on

In the sweep-up sessions just before Parliament was dissolved earlier this month, the Digital Economy Act 2017 received Royal Assent. The Act, once brought into force, includes a new Electronic Communications Code. What is it...more

Federal District Court Declines to Declare that CERCLA Bars Pending State Law Tort Action

by Beveridge & Diamond PC on

Highlighting the discretion a federal court may exercise to allow a state court to hear state tort claims, a federal district court in Montana dismissed a former smelter operator’s claim for injunctive relief against...more

Federal Court Allows Expert Testimony on Health Risks Despite Lack of Personal Injury Claims

by Beveridge & Diamond PC on

Underscoring the importance of expert testimony regarding health risks in toxic tort cases involving potential exposure issues, a Mississippi federal judge allowed expert testimony on health risks posed by alleged...more

Illinois Appellate Court Allows Rare “Prospective Nuisance” Claim to Proceed Against Mining Facility

by Beveridge & Diamond PC on

Addressing the relatively uncommon “prospective nuisance” claim, an Illinois appeals court found a group of landowners pleaded sufficient facts to show that a new sand mining operation would result in a nuisance if...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC39614 - In re Harmony Q. - AC37573 - Rosa v. Commissioner of Correction - AC37913 - State v. Berthiaume - AC37913 Concurrence - State v. Berthiaume...more

Leftover Land? When the Government Takes Part of Your Property, What Happens to the Rest?

by Faegre Baker Daniels on

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more

Border Wall Battles - Can you fight the government’s efforts to take land for the border wall, and how much compensation can you...

Landowners along the border of the United States and Mexico may soon face fast-tracked efforts by the federal government to condemn easements and, in many cases, substantial portions of their land outright through eminent...more

Fourth Circuit: PPL Montana, LLC v. Montana “Navigability” Principle Applies To NC

The U.S. Court of Appeals for the Fourth Circuit has decided the case of North Carolina v. Alcoa Power Generating, Inc. The Court of Appeals affirmed, in a 2 to 1 ruling, the decision of the U.S. District Court for the...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

The Supreme Court Is Hearing a Case Today That Could Change How We Determine If a Property Is the Subject of a Regulatory Taking

This year the Supreme Court of the United States will hear a highly-anticipated regulatory takings case that may determine whether two legally divided, but commonly held parcels, should be considered as one parcel in a...more

Supreme Court of Texas Holds Strip-And-Gore Doctrine Does Not Make Adjacent Landowners Mandatory Parties

by BakerHostetler on

On Feb. 3, 2017, the Supreme Court of Texas held that adjacent landowners were not mandatory parties to a lessor’s suit against the lessee for failure to make royalty payments if the adjacent landowners had not claimed any...more

Fifth Circuit Rejects Petition For Banc Rehearing In ESA Case Markel Interests, LLC v. U.S. Fish and Wildlife Service

On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking an en banc rehearing of the court’s initial decision in the case of Markel Interests, LLC, et...more

Award for Nuisance From Gas Wells Squelched

by Gray Reed & McGraw on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Annoyance and Discomfort Damages Resulting from Injury to Trees are Subject to the Statutory Damage Multiplier

by Miller Starr Regalia on

Boundary disputes are one of the most actively litigated areas of real property law. One common category of such disputes involves the trimming of a neighbor’s tree, either to remove branches that have grown over a property...more

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