Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
Real Estate Developer Rights When Cities Demand Too Much
Newsflash: Rockweed Not a Fish
Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes -
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
The Court of Appeal has handed down judgment in the case of Fearn & Others v The Board of Trustees of the Tate Gallery, concerning a dispute between the Tate Modern gallery and its residential neighbours over the Tate’s...more
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more
The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more
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
In two recent cases, the same 3-judge panel of the Massachusetts Appeals Court provided the latest words on the law of adverse possession. The first case, Miller, et al. v. Abramson, et al., involved the classic adverse...more
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
Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more
When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more
En un fallo significativo, el Tribunal de Apelaciones del Cuarto Distrito de Florida en el caso de Ocean Concrete, Inc. contra Indian River County determinó que el gobierno infringió los derechos establecidos en la Ley Bert...more
The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more
Earlier this year, we blogged about the new Electronic Communications Code and the impact the changes would have for equipment installed by approved telecoms operators on private land. It has been announced today that the...more
Large-scale road construction projects often cause temporary inconvenience to, and loss of value on, adjacent parcels of private property. Long detour routes, noise, dust, dirt and vibrations can persuade potential customers...more
A huge fan of the Hill Country, Skare D. Katz buys a large piece of undeveloped land from the Solable Family outside of Austin. Skare D. plans to build a ranch for retirement. One Saturday while Skare D. is visiting the...more
IRS Reevaluates "Bad Boy" Carve-Outs - Before providing a non-recourse loan to a Limited Liability Company (LLC) – i.e., one for which the LLC members do not bear the risk of economic loss – a lender often will require...more
Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more