Private Property

News & Analysis as of

Implied Dedication of Private Property to the Public: the Law is Unsettled

Let’s say you own private property including a roadway that connects to public streets on either end. The public has, for a couple of decades, used your private roadway for vehicular ingress and egress to and from the public...more

Declaring War on Drones Part Deux: Is a Drone Operator/Owner Liable for Trespassing?

Last month Tilting discussed whether Daisy Duke and her Uncle Jesse faced civil or criminal liability for shooting down Boss Hogg’s drone trespassing over their property. To recap: Daisy Duke was sunbathing by her Uncle...more

California Senate Sends Bill To Governor Restricting Use Of Drones On Private Property

The California Senate has sent a bill to Governor Brown that, if signed, would create trespass liability for those flying unmanned aircraft systems (“UAS”), more commonly known as drones, lower than 350 feet above private...more

Using Copyright Protection in Architectural Works to Police Unauthorized Photographs

Can I stop photographers from taking, displaying, and selling photographs of my building? The answer is, like the answer to so many other questions, maybe. This issue often arises in the context of photographers who...more

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Declaring War on Drones: Is it a Crime to Shoot Down a Drone over Your Property?

Trying to avoid the sweltering heat, “Uncle Jesse” Duke was in the garage working on his moonshine operation when he heard a loud shriek in the backyard. He ran to the back to find his niece, Daisy, sunbathing by the pool....more

National Companies Considering Commercial Drones Must Consider State Privacy Laws

On Feb. 15, the Federal Aviation Administration proposed a regulatory framework applicable to small commercial drones, or unmanned aircraft systems, meaning those weighing less than 55 pounds. The comment period on this...more

Expanding Your View of Takings Law

As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

New Tennessee Business Related Laws Go Into Effect

Hundreds of new Tennessee laws went into effect on July 1, 2015. The following is a summary and link to several new laws which can affect Tennessee businesses. SB 1058 – Wrongful discharge for firearms and...more

Supreme Court Puts Its “Takings Law” Foot Down

In Horne I, the Supreme Court held that a property owner, facing a governmental enforcement action, can assert as a defense that the action effects a “taking” of one’s property (here, a raisin crop) “without just...more

Shepard Fairey Tagged: Detroit Issues Arrest Warrant

Shepard Fairey, viewed by some as a cutting edge and important “street artist” and by others as a vandal for his works of graffiti on both public and private property, has had a warrant for his arrest issued by the City of...more

Horne v. USDA: US Supreme Court Sides with Raisin Farmer

The United States Supreme Court ruled that a USDA marketing order constituted a taking of a raisin farmer's private property for which just compensation is due. This article offers a detailed analysis of the Court's opinion....more

Guns in the Trunks: Employees Now Can Sue Their Employers!

It has long been a crime to carry a gun on private property if prohibited by the owner. The enactment two years ago of the so-called "Guns in the Trunks" law changes this long standing law. See Tenn. Code Ann. 39-17-1313....more

A “Magnificently Convoluted and Contentious” Plat

Plats continue to be a source of frustration, uncertainty and expense for owners of waterfront property. In Sims Township v. Arenac County Drain Commissioner, the Michigan Court of Appeals described a "magnificently...more

An Overview of the Lingering Uncertainty Surrounding the "Guns in Trunks" Law

Background The volume of gun sales has been increasing steadily across the United States over the last few years, and more citizens than ever are obtaining state-issued concealed firearms licenses. State governments, as well...more

Court Decision Confirms Shopping Center's Right To Limit Expressive Activity to Designated Areas

The California Court of Appeal recently affirmed a retail owner's right to limit expressive activity to areas designated in a written policy. The decision highlights the value of time, place, and manner policies to commercial...more

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

Drone on Drones: Drones on Drones

Domestic drone use presents a variety of problems, from worries about privacy and pervasive surveillance, to fears of public safety and concerns about how a crowded airspace may change life on the ground. But one new idea...more

Industry Challenging County and Municipal Bans on Multiple Fronts

Municipalities and counties have joined forces with environmental groups to halt hydraulic fracking and related well stimulation techniques. Environmental groups have filed suits under the National Environmental Policy Act...more

District Court Strikes Down Regulation of Purely Intrastate Species on Private Land

In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that...more

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

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

There is Still No Private Right of Condemnation (Generally)

Most people understand the basic concept of eminent domain: the government takes someone’s private property and pays the owner “just compensation” for the taking. Sometimes, however, the government “takes” (or “damages”)...more

Court Permits Political Candidate to Solicit Nominating Signatures on Retailer’s Private Property

The Massachusetts Supreme Judicial Court has ruled that a supermarket violated a political candidate’s state constitutional rights when the store manager prevented him from collecting nomination signatures on the sidewalk...more

Shopping for Milk, Bread and Signatures: Massachusetts Supreme Judicial Court Allows Solicitation of Political Nomination...

A recent decision issued by the Supreme Judicial Court of Massachusetts has expanded a citizen’s right to conduct political activity on a retailer’s private property. In the case, STEVEN M. GLOVSKY vs. ROCHE BROS....more

Fourth Amendment Precludes Inspection Of Private Property Even In Assessment Review Litigation

Recently there has been increasing debate regarding if and when assessing jurisdictions, or its agents, can invade the privacy of New York residents. Even New York’s governor has been impacted by this issue. Last week, the...more

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