Private Property

News & Analysis as of

District Court Strikes Down Regulation of Purely Intrastate Species on Private Land

In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that...more

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

In a win for property owners and project proponents, a Utah federal district court has ruled that the United States Constitution does not authorize the U.S. Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah...more

There is Still No Private Right of Condemnation (Generally)

Most people understand the basic concept of eminent domain: the government takes someone’s private property and pays the owner “just compensation” for the taking. Sometimes, however, the government “takes” (or “damages”)...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

Shopping for Milk, Bread and Signatures: Massachusetts Supreme Judicial Court Allows Solicitation of Political Nomination...

A recent decision issued by the Supreme Judicial Court of Massachusetts has expanded a citizen’s right to conduct political activity on a retailer’s private property. In the case, STEVEN M. GLOVSKY vs. ROCHE BROS....more

Fourth Amendment Precludes Inspection Of Private Property Even In Assessment Review Litigation

Recently there has been increasing debate regarding if and when assessing jurisdictions, or its agents, can invade the privacy of New York residents. Even New York’s governor has been impacted by this issue. Last week, the...more

Employers’ Right to Restrict Non-Employees’ Access to Their Property

Can Non-Employees Be Denied Access to Employers’ Property? Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more

Legal Update: Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014)

There are four ways the government can enter onto private property: - It has permission of the property owner. - In an emergency (Tenth Amendment/police power). - It has a search warrant, based on...more

Firearm Concealed Carry Act

On July 9, 2013, the Firearm Concealed Carry Act became state law and Illinois became the 50th state to enact concealed-carry legislation. The Illinois law allows concealed guns on private property and places of work and...more

Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing

California Eminent Domain Law allows public agencies to obtain a court order permitting access onto private property to conduct pre-acquisition testing and inspections. These tests and inspections can help an agency...more

Legislation Requiring the Purchase of Private Property

As recently reported by Aaron Kinney of the San Mateo County Times, State Senator Jerry Hill is planning to introduce legislating requiring the California State Lands Commission to acquire the private property of a Silicon...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

Proposed EPA Water Rule Could Expand Regulatory Authority Over Streams And Wetlands

A new EPA rule could drastically expand the agency's regulatory authority over streams and wetlands under the Clean Water Act. The agency released a draft report in September titled "Connectivity of Streams and Wetlands to...more

Leaked Draft Rule Increases Federal Power Over Private Lands

Federal control over private lands would be expanded significantly under a proposed rule reportedly drafted by the Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Corps"). Industry groups...more

This Land Is Your Land - I Better Keep Off

Contrary to Woody Guthrie's catchy tune, there are many good reasons to keep your property "private" and free from uninvited guests: the potential for property damage, theft, and liability for injuries to name a few. The...more

Can Bankruptcy Be A Tool To Combat Eminent Domain? Probably Not

There are times when governments, attempting to revitalize a downtown area or conduct other operations, need to take private lands to further their purpose. To do so, they may invoke their eminent domain powers....more

Florida Federal Court Orders $137 Million Forfeiture for Investment Fraud and Money Laundering Scheme

The US District Court for the Middle District of Florida recently ordered one participant in a sophisticated investment fraud and money laundering scheme to forfeit $137 million in assets including cash, real property,...more

Understanding Property Easements in California

What is an easement? Simply put, an easement is a right to use land that belongs to someone else. In California, easements are considered a critical component of property law....more

Commonwealth Court Clarifies Pennsylvania Utilities' Authority to Condemn Property for Operating and Maintaining Exiting Electric...

Pennsylvania’s Commonwealth Court recently clarified the power of public utilities to condemn property for operation and maintenance of existing facilities, holding that before exercising eminent domain to operate and...more

A Story of Stock, Security and Simplicity Sacrificed Under French Law

Introduction - In matters of security over personal property, France for a long time had a complex system of general and particular regimes. It had been hoped that legislative reform in this area, brought about by a...more

Editorial: Work For Smart Development

The Florida Department of Economic Opportunity is a relatively new state agency designed to ensure the continued growth and development of the region without hurting the preservation of our state's precious natural resources....more

California Supreme Court Rules Unions May Picket On Private Property

Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8, S185544 (December 27, 2012): The California Supreme Court recently held that although a supermarket’s privately owned entrance area is not a public...more

Employment Law Reporter – February 2013

In This Issue: - The Twenty Pros and Cons of Working in Human Resources - California Supreme Court Issues Harsh Ruling Regarding Union Picketing on Private Property - Excerpt from California Supreme...more

Illinois Supreme Court Holds Private Security May Stop and Detain To Enforce Association Rules

Can a homeowners' association private security officer stop and briefly detain a resident who is exceeding the speed limit set for the association's privately owned roads by the Board of Directors? Can the association enforce...more

California Supreme Court Approves Union Picketing in Front of Store Entrances

Ralphs Grocery sought an injunction to prevent a labor union from picketing on the privately owned walkway in front of the only customer entrance to its store....more

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