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Property Owners Private Property

Nossaman LLP

Podcast: Unwritten Easements Part 1 – Implied Easements

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In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Hinckley Allen

Rhode Island Shoreline Property Case Could Have Wider Impact

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Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly...more

Partridge Snow & Hahn LLP

R.I. Court Holds 2023 Shore Access Law Is An Unconstitutional Taking

In June 2023, the Rhode Island General Assembly enacted legislation granting the public expanded “privileges of the shore,” including but not limited to the right to fish from the shore, to swim in the sea and to pass along...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Nossaman LLP

California Trial Court Clarifies When Coastal Property Owners Are Entitled to Seawall Protection Under the Coastal Act

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In a recent California trial court decision, Casa Mira Homeowners Association v. California Coastal Commission (Casa Mira), the court added another significant page in the decades-long debate over which coastal properties are...more

Ackerman & Ackerman, P.C.

When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation

When we take on an eminent domain case, our primary goal is to put our client in the best position possible.  In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more

Ballard Spahr LLP

Bipartisan Infrastructure Law Spurs Increased Use of Eminent Domain

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The Infrastructure Investment and Jobs Act (IIJA)—signed into law in 2021—authorizes $1.2 trillion in spending for public works projects, such as highway widenings. Millions of acres of private property will likely be needed...more

Holland & Knight LLP

Consejo de Estado se pronuncia sobre baldíos y clarificación de la propiedad en Colombia

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El Consejo de Estado de Colombia, mediante sentencia del 21 de noviembre de 2022 (Radicación No. 45919) que fue publicada recientemente, se pronunció en relación con el importante debate abierto sobre el tema de bienes...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity

In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights...more

Steptoe & Johnson PLLC

The National Labor Relations Board Diminishes Private Property Rights. What Will It Mean?

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When is your property not entirely really your own? Well, the National Labor Relations Board (the Board) ended the week by giving an answer not many employers will like. On Friday, December 16, 2022, the Board issued a 3-2...more

Awatif Mohammad Shoqi Advocates & Legal...

What are the fines and punishment for trespassing in the UAE?

Trespassing, in common parlance, means entering and /or staying at a person’s property without the permission of such person. Meaning of Trespassing- Like in many other jurisdictions, trespassing is also an offence under...more

Roetzel & Andress

U.S. Supreme Court Effectively Expands Its Controversial 2005 Kelo Decision

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The U.S. Supreme Court often makes headlines with its decisions, but even in its inaction, the Court can have an impact on the law. Such was the case with Eychaner v. The City of Chicago, which the Court declined to hear last...more

Arnall Golden Gregory LLP

Lights. Camera. Location! (Property Owners Beware)

The film industry in Georgia is booming. The state ranks number one globally in the production of top grossing feature films, followed by the United Kingdom, Canada, California, Louisiana, and New York....more

Roetzel & Andress

Court Rejects Use of Eminent Domain for Recreational Trail

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There has been a major development in the ongoing legal fight over the ability of the Mill Creek Metropolitan Park District in Mahoning County to condemn private property for its bikeway project. ...more

Butler Snow LLP

Tennessee Circuit Court Strikes Down Tennessee Law Allowing Warrantless Searches of Private Property by State Wildlife Officials

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On Tuesday, March 22, 2022, a three-judge panel of the Circuit Court for Benton County, Tennessee, issued an order declaring that Tennessee Code Annotated § 70-1-305(1) is unconstitutional, unlawful, and unenforceable, and...more

Sands Anderson PC

Your Final Judgment Ain’t Necessarily So if You Forgot the Necessaries

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The Supreme Court of Virginia put on a little tutorial last week on the subject of “necessary parties” to a lawsuit. It’s a smart lesson and a useful reminder that when we try a case, we have to be careful to remember to...more

Shutts & Bowen LLP

Amendments to Florida's Private Property Rights Protection Act (“Harris Act”) take effect on October 1, 2021

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The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...more

Smith Anderson

Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private Property

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A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more

Proskauer - Labor Relations Update

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04. In the GC’s memo, she identified a...more

Jackson Lewis P.C.

Third Time The Charm? NLRB To Revisit Rights Of Contractor Employee Access To Employer Property

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The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District...more

Miller Starr Regalia

Supreme Court Issues Another Important Property Rights Decision

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On June 28, 2021, the Supreme Court issued Pakdel v. City and County of San Francisco, 594 U.S. ____ (2021), a unanimous per curiam opinion vacating a ruling by the Ninth Circuit in favor of the City and County of San...more

Lowndes

​Governor DeSantis Signs Bill Reducing Burdens on Real Property Rights​

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On June 29, 2021, Governor DeSantis signed an amendment to the Bert Harris Act, CS/CS for HB 421 & HB 1101, making it easier for property owners to challenge local government regulation that burdens, restricts, or limits...more

Lowndes

What the Future May Hold for Land Developers and Local Governments: Relief from Burdens on Real Property Rights

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Local governments may face challenges as a new proposed legislation regarding relief from burdens on real property rights awaits the approval of Governor DeSantis. An amendment to the Bert Harris Act, CS/CS for HB 421 & HB...more

(ACOEL) | American College of Environmental...

A Property Right To Exclude Others: Cedar Point Nursery’s Implications For Regulatory Enforcement

The Supreme Court recently heard oral argument in Cedar Point Nursery v. Hassid (No. 20-107), a case that has generated considerable amicus participation and press coverage. In that case, union organizers, relying on a...more

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