News & Analysis as of

Property Owners

2018 Philadelphia County Reassessment Focuses on High Value Properties

by Reed Smith on

The recent property assessments conducted by Philadelphia County focus on 'high-value' commercial, industrial and institutional properties, with increased assessments likely for many. Philadelphia County concluded a...more

Licence or lease? The inadvertent tenancy

by Dentons on

The recent County Court decision in Camelot Property Management Limited (1) and Camelot Guardian Management Limited (2) v. Greg Roynon is an uncomfortable reminder to landowners of how easy it is to inadvertently grant a...more

Court Rejects Takings Claim Based on Temporary Prohibition of Mining

by Nossaman LLP on

As we’ve reported in the past, temporary takings are compensable in California.  But such claims are not easy to prove, particularly when you’re dealing with the federal government imposing temporary regulations preventing...more

Implications of Energy Use Disclosure Law on California Real Estate Transactions

by Allen Matkins on

The California Energy Commission recently released its proposed regulations under Assembly Bill 802 (AB 802) to replace the now defunct Assembly Bill 1103 (AB 1103), codified as Public Resource Code Section 25402.10. The key...more

Tenth Circuit Reverses Ruling Limiting Endangered Species Act Jurisdiction Over Intra-State Species

The Tenth Circuit U. S. Court of Appeals dashed the hopes of property rights activists by overturning a district court decision that the Fish and Wildlife Service (FWS) had no jurisdiction under the Endangered Species Act...more

Three Considerations for Strategizing an Effective Response to a Surprise Asset Seizure by the U.S. Government

by Kobre & Kim on

U.S. authorities that are investigating a client can wreak havoc with a surprise asset seizure, even before filing criminal charges or a civil forfeiture complaint against those assets. How do you properly advise a client...more

10th Cir. Holds Congress, Pursuant To Authority Under Commerce Clause, Can Protect, Under ESA, Purely Intrastate Species On...

On March 29, in the case of People For the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service, et al., the U.S. Court of Appeals for the Tenth Circuit issued a unanimous decision that the Endangered...more

East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

by Farrell Fritz, P.C. on

The Town Board of the Town East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major...more

Torts-Damages for Cutting Trees

by Low, Ball & Lynch on

The CA Court says that willfully and intentionally cutting down your neighbor’s tree is a ‘treble’ thing for noneconomic damages if it annoys/disturbs your neighbor. Jeanette E. Fulle v. Kaveh M. Kanani - Court of...more

Illinois Appellate Court Finds Duty To Defend Property Owner Based On Potential For Vicarious Liability For Subcontractor’s...

In Pekin Ins. Co. v. Centex Homes, 2017 IL App (1st) 153601, the Illinois Appellate Court Circuit had occasion to consider whether an insurer had an obligation to defend two putative additional insureds when its named insured...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

by Sedgwick LLP on

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

Last Call for 2017 Allegheny County Tax Assessment Appeals

by K&L Gates LLP on

The property tax appeal deadline for Allegheny County is quickly approaching. All appeals must be filed on or before March 31, 2017. Under the right circumstances, a property tax assessment appeal can save your business...more

Valero Refining-Texas, L.P. v. Galveston Central Appraisal District: A Strategic Opportunity?

by K&L Gates LLP on

The Texas Supreme Court recently handed an owner of a Texas oil refinery a significant victory in Valero Refining-Texas, L.P. v. Galveston Central Appraisal District, No. 15-0492, 2017 WL 727276 (Tex. Feb. 24, 2017). In a...more

The Property Tax Appeal Process: It’s That Time Again...

by Nexsen Pruet, PLLC on

Here we go again! It's that time that all Guilford County real property owners invariably look forward to [Insert Sarcasm]. Yes, it’s a Revaluation Year in Guilford County. Property owners should be on the lookout: assessment...more

What Does Your Reservation Clause Mean?

by Locke Lord LLP on

Webb et al. v. Martinez (Tex. App. San Antonio) - On December 14, 2016, San Antonio’s Fourth Court of Appeals affirmed the trial court’s take-nothing summary judgment regarding a property dispute in favor of Martinez. Webb...more

Outer Continental Shelf Leasing: BOEM Withdraws Controversial Sole Liability Orders

by King & Spalding on

On February 17, 2017, the Bureau of Ocean Energy Management (“BOEM”), which manages oil and gas leasing in the Outer Continental Shelf, announced that it is withdrawing previously-issued orders to sole liability property...more

ITC Macomb-Orchard Trail Subject of Media Attention

by Clark Hill PLC on

ITC’s filing of numerous condemnation lawsuits was the subject of press coverage by the Macomb Daily and WXYZ Television. I have discussed my representation of a large ownership group being impacted by ITC’s takings that...more

Your property was hit with an ADA lawsuit – now what?

by Shutts & Bowen LLP on

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Oregon DEQ to Review Sites with Long-Term Controls

The Oregon Department of Environmental Quality (“DEQ”) announced that in March 2017, it will launch a pilot program to take a second look at 25-30 randomly selected sites that received a No Further Action (“NFA”)...more

Property Owner Challenges Liens Recorded After Florida Foreclosure Judgment – Appeal Likely

Mortgage lenders and prospective purchasers of foreclosure properties in Florida are keeping a close eye on a recent District Court of Appeals case, Ober v. Town of Lauderdale-by-the-Sea. In August 2016, the District Court of...more

Rover Files Pipeline Condemnation in Federal Court

by Clark Hill PLC on

Rover has initiated one mass filing against all property owners in the United States District Court, Eastern District of Michigan. Rover Pipeline has been acquiring property rights in Washtenaw and Lenawee Counties....more

ITC Files Next Batch of Adams Spokane Vegetation Management Easement Cases

by Clark Hill PLC on

ITC has filed multiple condemnations in Macomb County Circuit Court seeking expanded vegetation management easements. I previously detailed ITC issuing good faith offers as a prelude to filling new condemnations seeking...more

How to Get the Best Price for Your Cell Tower Lease

by Varnum LLP on

Property owners with cell towers on their buildings or land are routinely approached to sell their cell lease and future leasing rights, which typically sell in the range of 15 to 20 times annual revenues, sometimes...more

What Price For a Louisiana Servitude?

by Gray Reed & McGraw on

According to Enterprise Te Products Pipeline Company v. Avila, it is the value of the expropriated property, even if it is as little as 33 cents each to the landowners. This seemingly small case must have had big potential...more

Texas Central Rail Project Under Attack

by Locke Lord LLP on

The Texas Central Rail Project is a potential high speed passenger rail system connecting the DFW area and Houston. Texas Central Partners, LLC (Texas Central) is a private entity that serves as the project developer. Various...more

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