Public Property

News & Analysis as of

This Proposed Rulemaking Should be Mandatory Reading for All Public Transportation Agencies

On November 24, 2014, the Federal Highway Administration (FHWA) published a proposed rule that would amend the regulations governing how Federal grant recipients acquire, manage, and dispose of real property. Thus, the...more

Court Permits Political Candidate to Solicit Nominating Signatures on Retailer’s Private Property

The Massachusetts Supreme Judicial Court has ruled that a supermarket violated a political candidate’s state constitutional rights when the store manager prevented him from collecting nomination signatures on the sidewalk...more

Man Smashes Car into Ten Commandments Monument After Oklahoma Court Ruling

The Associated Press reports that an Oklahoma state court, in Prescott v. Capitol Preservation Commission, (OK Cnty Dist. Ct., Sept. 19, 2014), has ruled that a six-foot tall Ten Commandments monument on the grounds of the...more

DOE Issues Final Rule on Federal Green Building Standards

The Federal government has long been a leader in constructing green buildings, and LEED has been the Federal standard of choice. The Department of Energy issued a final rule updating its recommended certification standards...more

House Transportation Committee P3 Panel Calls for Central P3 Office

Introduction & Background - On September 17, 2014, the Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships, a special panel of the US House of Representatives, issued a report in which it...more

Challenging the Right to Take: What Happens When a Government Agency Requires a Property that is Already Devoted to a Public Use?

Often times government agencies require property for a public project that is already put to a public use. What are the acquiring agency’s options, assuming an agreement cannot be reached prior to filing a condemnation...more

The Supreme Court Strikes Down Buffer Zone Law

A local government can create a 35-foot buffer zone to restrict speech on a public street only if it has first made a serious effort to address the issue in other ways. Originally published on the IMLA Appellate...more

NC Supreme Court Confirms Application of Sovereign Immunity for Local Governments

Wilson County was found to have immunity from negligence claims for a visitor’s injuries sustained while he exited the county administrative building according to the North Carolina Supreme Court in a June 12, 2014 opinion. ...more

County Employee Injured While Walking From Parking Facility To Work Ineligible For Workers’ Compensation Benefits, New Jersey...

A Morris County employee sought workers’ compensation benefits for an injury sustained on a public street while walking a few blocks from a privately-owned employer-paid parking lot to her office. Hersh v. County of Morris,...more

Colorado Rally Celebrates Legalization of Marijuana and Results in Many Arrests

Last month, Colorado citizens held a rally to celebrate the legalization of marijuana for recreational use. As a Colorado appeals lawyer can explain, the law places restrictions on where the drug may be smoked. Many violated...more

County not Liable for Injury Caused by Natural Condition on Unimproved Property

In Meddock v. County of Yolo (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 10, 2013), a California court of appeal determined that a county cannot be held liable for an injury caused by a naturally occurring tree on...more

Weekly Law Resume - January 10, 2013: Dangerous Conditions of Public Property and Third-Party Conduct: The Alleged Condition Must...

Cordova v. City of Los Angeles California Court of Appeal, Second Appellate District (December 20, 2012) Plaintiffs injured by the negligent or criminal acts of others often allege that a dangerous condition of public...more

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