Land Owners

News & Analysis as of

If MassDEP calls…

At a recent meeting of the Massachusetts Department of Environmental Protection’s Waste Site Cleanup Advisory Committee, MassDEP announced that it will soon begin the process of contacting owners of previously closed sites...more

T&H Case Study: Reconstructing the History of a City Block

Much of the work we do in support of environmental law and toxic tort cases involves compiling comprehensive site histories. We work with our clients to come up with cost-efficient research strategies to compile these site...more

Testing the Waters: The U.S. Supreme Court Agrees to Hear U.S. Army Corps’ Clean Water Act Determinations Challenge

On December 11, the U.S. Supreme Court agreed to hear a challenge to the Eighth Circuit’s April 2015 ruling that U.S. Army Corps of Engineers’ (Army Corps) jurisdictional determinations are final agency actions subject to...more

California Environmental Law & Policy Update - December 2015 #2

Environmental and Policy Focus - U.S. Supreme Court to determine whether landowners can challenge federal Water Act jurisdiction through pre-enforcement review - Reuters - - Dec 11 The U.S. Supreme Court on...more

Pennsylvania State Trial Court Dismisses Appeal Challenging Constitutionality of Local Ordinance Regulating Natural Gas Drilling

In Delaware Riverkeeper Network, et al. v. Middlesex Township Zoning Hearing Board, A.D. No. 15-10429 (Nov. 19, 2015), Butler County Judge S. Michael Yeager upheld a gas drilling ordinance that was challenged by residents and...more

Texas Supreme Court to Decide Whether Groundwater Estate Should Be Granted Accommodation Status Similar to Mineral Estate

On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater...more

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

Eighth Circuit Decertifies Environmental Nuisance Class Action Alleging “Fear of Contamination” Without More

The Eighth Circuit recently issued a decision reversing class certification for lack of commonality. In Smith v. ConocoPhillips Pipe Line Co., the Eighth Circuit considered a class action proceeding on a nuisance theory...more

UK Government Announces Further Shake-up to RO and FIT Regime for Solar PV

Following the closure of the RO regime to new solar ground mounted projects with a capacity of more than 5MW which were commissioned after 31 March 2015, the government has today announced a further shake-up of the subsidy...more

PA Court Holds That Natural Gas Producer Improperly Deducted Fees

Post-production costs deducted from gas royalties, such as interstate transportation charges and marketing costs, must be incurred while a producer still holds title to the gas....more

Blog: A Proposal To Extend Beneficial Ownership Rules To UK Land-Holding Foreign Companies

A report published yesterday by Global Witness, alleging that an individual with ties to a former Kazakh public official owns large swathes of London, follows much recent interest in the issue of public officials owning...more

(US) Limiting the Sky: Is There Space for Drones in Real Estate Law?

Real property is generally conceived of as tangible and two dimensional. We acquire land described by courses and distances in a deed, depicted by lines on a survey. The laws respecting that land are well-formed; most in the...more

Hydraulic Fracturing: State Regulatory Roundup Vol. 43

Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more

Real World: An Update from Dechert's London Finance and Real Estate Group July 2015: Government Consultation on Reforming the...

The Electronic Communications Code, set out in Schedule 2 to the Telecommunications Act 1984 and amended by the Communications Act 2003, has been much criticised over the last 30 years for being unclear, out of date and...more

The Essential Guide to UK Real Estate

This Essential Guide provides an overview of the legal and regulatory issues likely to affect developers, occupiers and investors in UK real estate. Real estate - Real estate law in England and Wales can trace...more

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

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