Property Owners

News & Analysis as of

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

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?

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

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

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?

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

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

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

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?

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

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

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

(US) There Are Two New York Real Estate Transfer Tax Proposals to Watch in Governor Cuomo’s Proposed Budget

New York Governor Andrew Cuomo introduced his FY 2018 budget proposal on January 17. The proposal includes several significant revenue-raisers, including a few that could impact the New York real estate market....more

Challenging New York City Real Property Taxes: Tentative Assessments and Initiation of the Tax Cert Process

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends...more

Amendments to Alberta's Municipal Government Act Likely to Reduce Time and Cost of Property Tax Review Process

As of January 1, 2017, amendments to the Municipal Government Act, R.S.A. 2000 c. M 26 (MGA), came into force, changing how property owners can seek court review of Assessment Review Board decisions in Alberta....more

SCOTUS Review of WOTUS Rule

On January 13, the Supreme Court granted a writ of certiorari in National Association of Homebuilders v. Department of Defense, a case challenging the Obama Administration’s “Waters of the United States” rule, which vastly...more

DEADLINE ALERT: Prudent Property Management Dictates Review of Property Tax Assessments!

The New Jersey Tax Appeal Filing Deadline is April 3rd. In the upcoming weeks property owners will be receiving their annual property tax assessment notices (postcards) from the municipal assessor’s office. Receipt of...more

ITC Issues Good Faith Offers for Adams-Spokane Line in Washington Township

ITC is seeking expanded vegetation management rights from property owners in Washington Township. ITC has issued numerous good faith offers to property owners in Washington Township. The offers, which are being received...more

2017 Legislation Aims to Diminish Developer Control of Homeowner Associations in South Carolina - Pre-Filed South Carolina...

In 2016, the South Carolina legislature organized a study committee, titled the "South Carolina Committee on Homeowners Associations," which explored various issues affecting the level of authority that developers have over...more

MDOT Files New Bridge Condemnations

Notwithstanding Maroun Court of Claims lawsuit attacking propriety of the Gordie Howe Bridge Project, the MDOT has filed dozens of new condemnations including against Maroun entities. On Friday, I posted a blog...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

The Ninth Circuit Loosens the Cap on Landlord Damages in In re Kupfer

Any property owner which has experienced the bankruptcy of a tenant is doubtless keenly aware of the limitation on damages which the Bankruptcy Code imposes on the landlord. A new decision by the Ninth Circuit bolsters the...more

Moroun Seeks to Block Gordie Howe Bridge Condemnations

Companies controlled by Mannie Maroun, who owns the Ambassador Bridge, have filed a lawsuit seeking to block MDOT condemnations to acquire property for the Gordie Howe Bridge. Mannie Maroun has spent years attempting to...more

Michigan Abolishes Dower Rights Pending Governor Signature

The Michigan Legislature addressed lack of clarity in dower rights caused by the United States Supreme Court’s recognition of same sex marriage by eliminating it altogether. Generally speaking, dower rights allow a widow...more

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