News & Analysis as of

Private Property Leases

Houston Harbaugh, P.C.

Pore Space Ownership: The North Dakota Supreme Court Issues Landmark Decision

Houston Harbaugh, P.C. on

Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more

Miller Starr Regalia

Supreme Court Issues Another Important Property Rights Decision

Miller Starr Regalia on

On June 28, 2021, the Supreme Court issued Pakdel v. City and County of San Francisco, 594 U.S. ____ (2021), a unanimous per curiam opinion vacating a ruling by the Ninth Circuit in favor of the City and County of San...more

Lowndes

Submerged Land Leases

Lowndes on

The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the Board of Trustees) is vested with title to all land lying under navigable waters within the State of Florida, which land is known as...more

A&O Shearman

The Spanish Constitutional Court declares certain squatter-protection rules in Catalonia null

A&O Shearman on

On 28 January 2021 the Spanish Constitutional Court published a ruling that declares null several articles of the DL 17/2019 on the basis, among others, that annulled provisions affect basic elements of the constitutional...more

Davis Wright Tremaine LLP

Magic Words to Preserve an Interest in an IRU?

Previously on this Law Advisor, I questioned whether an IRU is really an IRU. In particular, after peeling back the layer of the IRU onion, what really is it? I suggested that an IRU is a capital lease with the right to quiet...more

Nossaman LLP

What Happened to Williamson County?

Nossaman LLP on

In 1985, the U.S. Supreme Court issued Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, a landmark decision (as Supreme Court decisions often are) that drastically slashed the...more

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