News & Analysis as of

Property Owners

Court Rejects Regulatory Takings and Pre-Condemnation Misconduct Claims Based on Airport Land Use Commission’s Reclassification of...

by Miller Starr Regalia on

In Dryden Oaks, LLC v. San Diego County Regional Airport Authority, __ Cal.App.5th __ (October 19, 2017), the Fourth District Court of Appeal published a previously unpublished opinion addressing both regulatory takings and...more

Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in...more

California Building Owners and Contractors: Act before January 1, 2018, to Minimize Risks of Non-Paying Subcontractors

by Allen Matkins on

This past weekend Governor Brown signed AB 1701, a bill that requires direct contractors to pay any wages, fringe benefits, or other benefit payments or contributions owed by a defaulting subcontractor, plus interest. This...more

The Bird’s Eye View of the 1033 Exchange

Although many people are aware that real property held for business or investment may be exchanged for other, “like-kind” real property (and certain personal property) while deferring recognition of gain or loss for income...more

Mechanic's Liens 101: Ways to Avoid Them

by Faegre Baker Daniels on

A mechanic’s lien is a powerful tool for many construction participants on private projects and a major source of risk for owners. A mechanic’s lien is an involuntary lien and a statutory right that protects contractors,...more

Could Property Owners Or Tenants Who Grow, Process, 0r Sell Marijuana Make Their Property Tough To Sell?

by Fraser Trebilcock on

What Property Owners Need to Know About Title Insurance and Marijuana Facilities - If you are involved in buying, selling, or leasing real estate involving the booming marijuana industry in Michigan, beware of some...more

Gordie Howe Bridge Moves One Step Closer

by Clark Hill PLC on

The owners of the existing Ambassador Bridge lost one of their many arguments in Wayne County Circuit Court. The owners of the Ambassador Bridge, entities controlled by the Maroun family, have raised many objections to the...more

Federal Court in Ohio Rejects Another Attack on Ohio Supreme Court’s Ruling on the Ohio Dormant Mine

by Reed Smith on

An Ohio federal court recently rejected an attempt by surface landowners to avoid and limit the holding in Corban v. Chesapeake Exploration, L.L.C., the landmark 2006 opinion from the Ohio Supreme Court that held that the...more

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

by Miller Starr Regalia on

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

Danger in the Neighborhood: When Kids Get Hurt at a Friend’s House

by Howard Ankin on

Property owners have a duty of care to protect people on their property, including neighborhood kids who may be visiting their friends. When kids get hurt at a friend’s house, the property owner can be held liable for...more

Podcast Episode 9 - Special Use Properties and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 9, I share a recent presentation regarding valuation of special use properties. During that presentation, I also touched upon the little...more

How an Owners’ Project Manager Can Smooth Collaboration

by PretiFlaherty on

As the construction industry has moved toward more collaborative forms of project delivery, many owners have begun engaging outside professionals who are known as owners project managers (OPMs). They assist with overall...more

A Once in a Lifetime Opportunity to Reduce a Property’s Taxes: A Supplemental Notice of Value

by Buchalter on

In the next few weeks, county assessors throughout Arizona will issue supplemental notices of value for the 2018 tax year. Supplemental notices are issued when there is new construction or additions, parcel splits or...more

Keeping Your Kids Injury-Free While Trick or Treating

Boo! Halloween is just around the corner and that mean trick or treating! If you live in the San Fernando Valley, you will probably be participating in the trick or treating activities to some extent, either as a...more

Washington Mechanic’s Liens: How Recent Changes Impact Contractors

Construction contracting is a complex business. Whether you are the owner, contractor, or general contractor on a project, your attention must shift between numerous moving parts, regulatory requirements, and deadlines as the...more

Understanding Property Tax Delinquency in Indiana Law

by Faegre Baker Daniels on

What happens if an Indiana property owner fails to pay property tax? If this is a persistent failure, the property owner will be subject to sanctions under Indiana Code §§ 6-1.1-24 and 25 et seq. The ultimate sanction — the...more

Perpetual Easement or Expired Restriction? Mass. Appeals Court Weighs In

by Pierce Atwood LLP on

In its decision this week in Perry v. Aiello, the Massachusetts Appeals Court addresses an interesting question: whether a 1947 grant of easement-like rights created an affirmative easement, which can be perpetual, or a...more

El FDEP emite una orden para restaurar los daños estructurales tras el huracán

by Bilzin Sumberg on

Propietarios y entidades públicas y privadas: El 5 de septiembre de 2017, el Departamento de Protección Ambiental de Florida (Florida Department of Environmental Protection, FDEP) emitió la orden final de emergencia OGC...more

New Useful Florida Homestead Concepts Diagram

by Charles (Chuck) Rubin on

Several years ago I prepared a table to assist practitioners in determining what restrictions apply on a transfer of homestead property at death or during lifetime. Homestead status has other implications, including...more

Setting the boundaries: a new protocol for resolving disputes

by Hogan Lovells on

When you hear the term “boundary dispute”, you probably imagine the following familiar set of circumstances: - Two parties at loggerheads over a small strip of land. - Entrenched positions holding sway over the...more

Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

by Dickinson Wright on

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of...more

FDEP Issues Order to Restore Structural Damage Post Hurricane

by Bilzin Sumberg on

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated...more

Podcast Episode 8 – When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP,...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. Derrick Carson, Partner in Locke Lord's Houston office, joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast...more

Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

by Snell & Wilmer on

In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days...more

South Carolina Conservation Easements for Farm and Forestry Property

by McNair Law Firm, P.A. on

There are 12.9 million acres of commercial forestland in South Carolina. More than half of the forestland is family-owned, and 82% of private owners live on the land. The state also has about 25,000 farms, which encompass 4.9...more

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