Property Owners

News & Analysis as of

The Rise of Shared Work Spaces: Tips for the Unwary

Co-working centers and shared office space arrangements have exploded onto the commercial real estate scene recently and offer attractive alternatives for many small businesses, early stage start-ups, incubators and...more

Ownership of rigs at risk in PNG

Papua New Guinea is one of the bright spots on the horizon for the oilfield services industry but a recent change in the law has reversed long-standing principles of ownership rights to leased oilfield equipment....more

(US) With New Laws, It Just Got Easier to Demolish Blighted Properties in Pennsylvania

Blighted residential and commercial properties are a major impediment to rehabilitation and redevelopment efforts in cities and towns throughout Pennsylvania. However, late in the 2016 legislative term, the Pennsylvania House...more

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based...more

No Prescriptive Easement Over Registered Beach Lots That Expanded By Accretion

In an important decision for owners of waterfront property, a divided Appeals Court panel has ruled in a case of first impression that where registered land expands by accretion, the owner need not return to court to...more

TVA’s Tree-Cutting Policy Gets the Axe

On November 17, the U.S. Court of Appeals for the Sixth Circuit decided the case of Sherwood, et al. v. Tennessee Valley Authority. The Court of Appeals reversed the lower court’s ruling that a complaint filed by many...more

ITC Making More Good Faith Offers for Adams-Spokane Line in Macomb County

ITC is seeking expanded vegetation management rights from property owners in Washington Township. I was recently contacted by a property owner who received a good faith offer from ITC. The good faith offer seeks expanded...more

Option Contract Ruling Reversed by Texas Supreme Court.

North Shore Energy v. Harkins interpreted an Option Agreement between landowners and a producer over a 400 acre tract. In football they would say the Texas Supreme Court pancaked the plaintiff. In the law, some would call it...more

Final D.C. Groundwater Well Requirements Will Impact Many Property Owners

The District of Columbia Department of Energy and Environment (DOEE) on Oct. 28, 2016, published final rules governing the construction, maintenance and abandonment of wells. The new regulations became effective immediately...more

Leaning In – Pennsylvania Refining the Mechanic’s Lien Law

Pennsylvania has continued to refine its mechanic’s lien law in recent years, and next year will bring the most sweeping changes ever for owners and contractors that work on larger projects....more

Recent Amendment to Massachusetts State Zoning Law Clarifies Status of Nonconforming Structures

On August 4, 2016, Governor Baker signed into law H3811, “An Act relative to nonconforming structures.” The new law, which became effective on November 4, 2016 and is retroactive, amends the Section 7 of the State Zoning Act...more

U.S. Army Corps of Engineers Issues Regulatory Guidance Letter on Approved Jurisdictional Determinations

Seyfarth Synopsis: The U.S. Army Corps of Engineers (USACE) has just issued a Regulatory Guidance Letter which provides to property owners (including developers) the right of appeal USACE Approved Jurisdictional...more

Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions

Due to its climate, Florida – the “Sunshine State” – is ideally situated to take advantage of unlimited and environmentally friendly solar energy. In the last two decades, the price of solar collectors has dropped...more

Torts – Immunity for Recreational Activities by Private Landowner

Yan Wang et al., v. Gregory Nibbelink, et al. - Court of Appeal, Third Appellate District (October 13, 2016) - Under Civil Code § 846, a landowner is shielded from liability from injuries to recreational users...more

Trouble in Paradise: Florida Third DCA’s Opinion in Beyer v. City of Marathon Declaimed as “For The Birds”

Nestled in the center of the Florida Keys lies the City of Marathon; a tropical paradise splitting the Atlantic Ocean and Gulf of Mexico. Recently, Florida’s Third DCA hatched the case of Beyer v. City of Marathon. On...more

ITC Files Vegetation Cases in Taylor and Dearborn

ITC has filed a series of lawsuits in Wayne County Circuit Court seeking to expand its vegetation management rights on residential properties in Taylor and Dearborn. I have been retained or I am in the process of being...more

What's So Special About Special Meetings? A Brief Look Into Special Meetings of Property Owner Associations

All North Carolina property owner associations are required by law to have regular meetings of the Board of Directors ("Board") and at least one annual membership meeting to discuss and transact certain association business. ...more

Pennsylvania Federal Court Decides a Novel CERCLA Issue: When Is the Current Owner Not the Current Owner?

The U.S. District Court for the Eastern District of Pennsylvania issued a decision on an aspect of CERCLA for which it found almost no prior court precedent – the temporal aspect of the term “current owner or operator” –...more

Arizona Court Consolidates ADA Lawsuits

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

The North Carolina Landowner Protection Act: Encouraging Access for Hunters, Trappers, and Other Outdoor Enthusiasts

If you are a private landowner in North Carolina, you may not be aware that you owe a certain duty of care not only to people who have permission to be on your property, but also to those who do not, and that your duty to...more

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

TN Legislative Update: And, the Deannexation Discussion Continues

Just because the Legislature isn’t in session doesn't mean there isn’t work to be done and post-session obligations to keep. You may recall an issue from this year's legislative session that received quite a bit of attention...more

Improving Waterfront Property: Challenges to the Fifty Percent Rule are Strictly Construed

Anyone working in waterfront construction long enough has a story (or knows someone who does) about pulled permits or burdensome local rules and regulations which may turn a waterfront dream renovation into a nightmare....more

Real Estate and Land Use - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more

I Hate Home Rule

Massachusetts is a Home Rule state (Commonwealth, actually, but that’s a separate issue). Our 351 cities and towns can pretty much legislate as they please, so long as the local action is not preempted. Our state Wetlands...more

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