News & Analysis as of

Municipalities Private Property

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more

Rodemer Kane Attorneys at Law

Colorado Springs Gun Laws: Shooting on Private Property & Discharging a Firearm in City Limits

When it comes to firearm regulations, Colorado Springs has its own set of rules that residents and visitors must follow. Whether you're a gun enthusiast or simply a concerned citizen, understanding these laws is essential to...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

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In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Pierce Atwood LLP

Breaking: Mass. High Court Rules Municipality’s Acquisition of Prescriptive Easement Isn’t a Taking

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In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain...more

Nossaman LLP

Governor’s 2020 Budget Signals State’s Willingness to Takeover PG&E

Nossaman LLP on

Welcome to 2020! It is a new year and with every new year, comes a lot of new: new goals, new diet, new workout routines that leave every part of you sore... In the professional setting, a new year brings a lot of “chores,”...more

Bilzin Sumberg

Real Estate Developer Rights When Cities Demand Too Much

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Land use & zoning attorneys, Stanley B. Price and Anthony De Yurre, discuss what real estate developer's rights are when the government demands too much, and where the line should be drawn according to both statute and case...more

Best Best & Krieger LLP

Texas Right-of-Way Legislation: Half Payments for Right-of-Way Use

Best Best & Krieger LLP on

Recently enacted Texas legislation significantly reduces right-of-way fees paid to Texas cities by companies that provide telecommunications and cable services. This legislation could influence right-of-way compensation laws...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

Bilzin Sumberg on

In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more

Nossaman LLP

California Supreme Court Hears First Inverse Condemnation Case in Years

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On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more

Farrell Fritz, P.C.

Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area...

Farrell Fritz, P.C. on

The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an applicant with over $17,000 in consulting fees supposedly incurred by the town in reviewing...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...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

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