Property Owners

News & Analysis as of

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

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

ATTENTION PROPERTY OWNERS: Your Property Tax (TRIM) Notices for 2016 Have Been Mailed To You!

August 23, 2016 By: S. Brendan Lynch Property Appraisers in Florida have now sent out Truth in Millage (TRIM) notices to all property owners, so these notices have either already been received or will be waiting in your...more

Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order...

As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed...more

Scotland: The Assessment of Energy Performance of Non-domestic Buildings Regulations 2016 - Buildings on the market before 1...

The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 come into effect on 1 September 2016. From that date, owners of pre 2002 non-domestic buildings or "building units" in Scotland with a...more

In Case You Missed It, A New Act Amends Wisconsin’s Managed Forest Law

On April 14, 2016, Governor Scott Walker signed into law Wisconsin Senate Bill 434, a bill that significantly amends the Managed Forest Law (Sections 77.80 to 77.91, Wis. Stats.), thereby enacting the 2015 Wisconsin Act 3581...more

Helpful Cases for Mortgage Servicers Attempting to Comply with Mortgage Servicing Regulations After a Bankruptcy Discharge

Mortgage lenders and servicers face several regulations in servicing residential mortgages. There are requirements under the Truth in Lending Act (“TILA”), Real Estate Settlement Procedures Act (“RESPA”), the Equal Credit...more

Pokemon Go Away: Monsters Creating Nuisance Problems

This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more

Premises Liability – Nightclub Liable for Rape of Patron by Employee

Janice H. v. 696 North Robertson, LLC - Court of Appeal, Second Appellate District (July 14, 2016) - Under California law, an owner of land has a duty to take affirmative action to control the wrongful acts of third...more

New Amendments to Pennsylvania’s Unclaimed Property Law (2016)

Significant changes affecting all holders of unclaimed property were included in amendments to Pennsylvania’s Fiscal Code adopted as part of the state’s 2016-17 budget. The amendments establish requirements for the...more

It Is Not Just About the Money

Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more

Court Decision Dismisses Challenge to Gun Lake Band’s Trust Land

Last Friday, July 15, the D.C. Circuit Court of Appeals affirmed the constitutionality of the Gun Lake Trust Land Reaffirmation Act. Because the Court agreed with the D.C. District Court's finding of constitutionality, it...more

Not Just About the Money

Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more

New York City Expands Law Governing Displaced Building Service Workers

Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally...more

Changes to the resolution of domestic building disputes in Victoria

The Building Legislation Amendment (Consumer Protection) Act 2016 (BLA Act) will come into operation on 1 July 2017 changing the way domestic building disputes are handled under the Domestic Building Contracts Act 1995 (DBC...more

Texas Supreme Court Classifies Mosquitos as Wild Animals, Discharges Liability for Mosquito Bites

The Texas Supreme Court handed property owners a major victory on an issue of increasing importance as West Nile Virus and Zika Virus spread around the country. The court held that the doctrine of ferae naturae limits a...more

Don't make promises you cannot keep: Developer behaviour in the spotlight

In Ottercroft Ltd v. Scandia Care Ltd (1) and Rahimain (2), the court of Appeal has upheld a first instance decision to award an injunction against a developer who infringed an adjoining owner's rights of light. ...more

If You Build It, They Will Get Just Compensation

One thousand nine hundred fifty-four (1,954) miles: the length of the United States’ border with Mexico, and the possible future site for President Donald Trump’s infamous Great Wall. The Wall has been a calling card of the...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

North Carolina Legislative Update - July 2016

It is a busy week at the General Assembly as legislators are pushing through the final days of the 2016 short session. The legislature is expected to adjourn for the year either late today, July 5, or tomorrow, July 6. The...more

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