Drivers in the Commonwealth be forewarned: a conviction for driving while intoxicated does not require that the defendant be driving the vehicle or that it be on a public road....more
The California Court of Appeal recently affirmed a retail owner's right to limit expressive activity to areas designated in a written policy. The decision highlights the value of time, place, and manner policies to commercial...more
Decision Clarifies that Local Government’s Decision Need Not State Reasons if they are Contemporaneously Published Elsewhere -
A local government need not state the reasons for its denial of a new cell-tower...more
Domestic drone use presents a variety of problems, from worries about privacy and pervasive surveillance, to fears of public safety and concerns about how a crowded airspace may change life on the ground. But one new idea...more
Municipalities and counties have joined forces with environmental groups to halt hydraulic fracking and related well stimulation techniques. Environmental groups have filed suits under the National Environmental Policy Act...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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").
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
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
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
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
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
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
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