News & Analysis as of

Property Owners

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

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

by Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Builder's Risk Insurance: Resurrecting the Project After the Storm - Best Practices for Securing Coverage for Project and Claim...

by Holland & Knight LLP on

• Catastrophic storms such as Hurricane Harvey and Hurricane Irma invariably cause property damage, schedule delays and other "soft costs" when they hit during a project's construction. • Owners and contractors engaged in...more

Obtaining Penndot Right Of Way As A Condition To Obtain Your Hop

by Fox Rothschild LLP on

If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need to improve...more

Fifth Circuit: Louisiana’s Subsequent Purchaser Doctrine Bars Claims for Damage to Real Property

by Beveridge & Diamond PC on

Applying Louisiana’s “subsequent purchaser doctrine” in the context of contamination from oil-and-gas operations, the Fifth Circuit affirmed the dismissal of a landowner’s property damage claims. See Guilbeau v. Hess Corp.,...more

The “Ugly” Property Next Door is Ruining My Property Value

by Snell & Wilmer on

Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and...more

New South Wales Introduces Coal Mine Subsidence Compensation Scheme

by Jones Day on

Australian coal miners and landowners should prepare themselves for their roles in the new claims system. A fairer and quicker claims system is proposed....more

New Law That May Affect Hurricane Harvey Claims Takes Effect Sept. 1

by Holland & Knight LLP on

While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more

Maximizing Insurance Recoveries for Hurricane Harvey Losses

by Jones Day on

With Hurricane Harvey having pummeled much of the Texas Gulf Coast, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its...more

HB 1774’s “Hail Bill” and Hurricane Harvey-Time for Action

• Action Item #1: Insureds should try to report claims for all property damage, including those caused by Hurricane Harvey, by no later than August 31, 2017, in order to avail themselves of the opportunity for an 18 percent...more

How to Fight City Hall, Part II

by Clark Hill PLC on

To the extent that an ordinance in ambiguous, it must be interpreted in favor of the property owner. I recently overturned an adverse decision against a client by the Webster Township Zoning Board of Appeals. In that...more

How to Fight City Hall, Part I

by Clark Hill PLC on

A city ordinance cannot give the city powers beyond those delegated to it by its citizens in its charter. I recently obtained an injunction against the City of Royal Oak preventing it from compelling property owners to pay...more

Condemnation Risk Planning: Denial Is Not A Strategy

In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more

How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success

by Farrell Fritz, P.C. on

On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of how to successfully record a deed in the State of New York, wherein we discussed the various types of ownership interests and how they...more

Texas Property Owners Should File Written Claims Before Friday, Sept. 1, 2017

by McGuireWoods LLP on

Hurricane Harvey has devastated many parts of Texas. As Texans deal with the impact of the storm, policyholders need to be mindful of their rights. Effective Friday, Sept. 1, 2017, a new law under House Bill 1774 takes...more

Fifth Circuit Issues Important Conservation Easement Decision

Last week the United States Court of Appeals for the Fifth Circuit entered an important conservation easement decision reversing the decision of the Tax Court and remanding the case to decide certain issues. The conservation...more

How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions

It is important for design professionals to understand and consider the impact of proposed construction upon adjacent properties and the obligations project owners have to adjacent property owners. All parties should...more

Victory in Zoning Appeal

by Clark Hill PLC on

The Wastenaw County Circuit Court overturned an adverse decision by the Webster Township Zoning Board of Appeals, determining that seasonal barn weddings are a permitted use in the Agricultural zoning classification. I...more

Florida Property Owners: The Notice Of Proposed Property Taxes From Your County Property Appraiser-Beware Of Deadline For Appeal

by Roetzel & Andress on

What to Do with the Notice - Immediately open the Notice of Proposed Property Taxes and examine its contents for accuracy. The Notice contains column headings which include: - Taxing Authority - Your Property Taxes...more

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

by Nossaman LLP on

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

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