Property Owners

News & Analysis as of

New Hurdles for Public Agencies: Accessing Property May Now Require Eminent Domain Actions

For the first time in 38 years, a court has declared part of California’s statutory eminent domain law unconstitutional. The ruling, if upheld, will create additional hurdles for public agencies and may have unintended...more

Property Reserve, Inc. v. Superior Court: California Property Owners Secure Victory in New Eminent Domain Opinion

In a victory for California property owners, the California Court of Appeal, on March 13, 2014, issued a new opinion holding that the State of California's proposed entry onto hundreds of properties in Northern California for...more

New California Court of Appeal Opinion Holds That Supreme Court's Seminal Nollan and Dolan Opinions do Not Apply Where a Permit...

The well-known "nexus" and "rough proportionality" tests from the United States Supreme Court's opinions in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994) do not...more

I Know My (Vested) Rights! Developing a Project in a Changing Climate

More than one landowner has been disappointed to find out they cannot develop their property how they would like. This disappointment can be compounded if the landowner bought a property based on its zoning potential, but the...more

Separate But Not Equal: The New Commercial and Industrial Common Interest Development Statute

Introduction - Since 1986, a single body of law, the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”), has governed both residential and commercial common interest developments. The provisions of...more

ABOR Fences Out a Property Owner’s Quiet Title Action

In May of last year, the Arizona Court of Appeals determined that “the statute of limitations does not run against a plaintiff in possession who brings a quiet title action purely to remove a cloud on the title to his...more

John Gaied v. New York State Tax Appeals

Opinion Reversing Appellate Court Judgment

New York State’s highest court, the Court of Appeals, today issued a decision reversing an appellate court judgment in John Gaied v. New York State Tax Appeals Tribunal. The case involved a resident of New Jersey who owned...more

Owning Property Subject To An Easement May Include an Obligation to Sign Legal Documents for the Easement Holder

Court Imposed a “Rule of Reasonableness and Mutual Accommodation” on Neighboring Property Owners - Owning real property that is subject to an easement may include an obligation to sign land use or building permit...more

Driveway Collisions: Common, Costly and Dangerous

Scottsdale was the scene of one of Arizona’s most recent driveway accidents, a frequent and frustrating occurrence in parking facilities across the state. In this collision, five professional baseball players suffered...more

New Exploration Technologies Give Rise to Unclaimed Property Compliance Issues

The recent expansion of oil and natural gas exploration and production activities in previously unprofitable areas has brought increased attention to issues surrounding compliance with state unclaimed property laws. Producers...more

Does Florida Law Hold Property Owners Liable When Trespassers Sustain Injuries on Their Premises?

It seems logical to assume that trespassers who enter a property are responsible for any injuries they sustain. However, it may surprise you to learn that Florida law looks more deeply into the details of these cases, and...more

Weekly Law Resume - January 2014: Conduct As Interference With Easement

Flora Dolnikov v. Dikran Ekizian - Court Of Appeal, Second District (December 19, 2013) - This case dealt with an easement for ingress and egress to undeveloped lots in the Hollywood Hills. In 1942, defendants’...more

Saying What You Mean and Meaning What You Say: Collecting Cash Proffers for Residential Development

During the course of rezoning a property, it is common for landowners to offer incentives to a locality to grant the rezoning. Such incentives often take the form of proffers, which are voluntary conditions the landowner...more

Requiring Landowners To Dedicate An "Overflight" Easement Is Not A Taking, Even When All An Owner Seeks Is A Minor Building Permit

The United States Supreme Court decisions in Nollan and Dolan provide landowners with a useful tool for seeking compensation when government agencies use their land use authority to exact valuable property rights and other...more

California Issues Guidance on Nonprofit Property Owners Hosting Solar

The California Board of Equalization in December 2013 issued guidance to advise nonprofit real-estate owners of the property tax consequences of hosting on their tax exempt properties solar generating equipment owned by...more

RETT: Reentry of partner in property owning partnership

Transfer of interests leads to loss of qualification as a former partner within the meaning of Sec. 1 para 2a RETTA. The Federal Financial Court of Germany recently decided that real estate transfer tax (RETT) is due...more

"Good" Bad Faith vs "Bad" Bad Faith: Equitable Principles and the Doctrines of Adverse Possession and Prescription

Adverse possession is the acquisition of title to another’s real property by continuous possession and use of the property for the prescribed period of five years. A party seeking title to real property by adverse possession...more

Victory on Permit Conditions Does Not Justify Fee Award

In Norberg v. California Coastal Commission the California Court of Appeal for the Fourth Appellate District decided a unique case arising from a permit dispute with the California Coastal Commission (“the Commission”)....more

Real Estate Tip – Planning Board Demands: When Are They Unconstitutional?

Landowners and developers often complain that their property rights have been “taken” from them as the result of conditions of approval imposed by a planning board. After all, the U.S. Constitution’s 5th Amendment enshrines...more

For 2014 Business Property Owners In Allegheny County Have Another Shot At Assessment

Remember the real estate tax reassessment that occurred in Allegheny County over the past year or so? Allegheny County retained an outside expert to value all Allegheny County real estate parcels; the new assessments were...more

The Dangers of Negligent Security

If you have been the victim of an assault, rape, robbery or other criminal activity at a hotel, shopping mall, nightclub, parking garage or ATM kiosk, filing criminal charges is not your only option. You may also have a...more

Disclosure Obligations for Sellers of Real Property in Colorado

The Colorado Court of Appeals recently decided Gattis v. McNutt, serving as a reminder of sellers’ disclosure obligations in transactions involving residential real property. Sellers of residential property in Colorado...more

Real Estate Capital Gains Tax for Non-U.K. Residents

From April 2015, nonresidents will have to pay capital gains tax (CGT) on gains made from residential property sales in the United Kingdom, George Osborne announced today....more

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

What Rights Do Landlords Have in California?

Much is written and read about the rights of tenants. What about property owners? Believe it or not, landlords have rights, too. If you are a landlord in California, you may be unaware of your rights. Or worse yet, you may be...more

70 Results
|
View per page
Page: of 3