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Sewer Authorities Could Owe Compensation For Repeated Sewage Overflows

Sewage backups tend to make relationships between landowners and their municipal sewer authorities rather, well, messy. When property is impacted by a sewer authority’s negligence, landowners would typically find a remedy in...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES C.

by Field Law on

II. LIABILITY ISSUES - C. A tenant was found to be an “occupier” of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed a...more

Depositions of Pre-Condemnation Appraisers for a Right to Take Trial

by Best Best & Krieger LLP on

California law requires condemning agencies to make an offer of just compensation to a property owner before adopting a resolution of necessity and initiating an eminent domain lawsuit. The offer must be provided with a...more

What Types of “Damages Claims” Survive a Trustee’s Sale?

by Snell & Wilmer on

Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going...more

It’s That Time Again! Property Tax Appeals In Connecticut: Know When To File

by McCarter & English, LLP on

The deadline for appealing Connecticut local property taxes is again approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal...more

A New Maryland Ruling on Development Rights and Responsibility Agreements- Score Another Round for the Developer

by Miles & Stockbridge P.C. on

The Maryland Court of Appeals recently heard and decided a case involving Development Rights and Responsibility Agreements. In my first blog post on this topic, “Development Rights and Responsibility Agreements: The Give and...more

South Carolina's Statute of Repose - A look by the United States District Court

by Nexsen Pruet, PLLC on

S.C Code §15-3-640, provides, in pertinent part: No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than eight years after...more

Three Considerations When Seeking Compensation for Lost Income Due to a Government Taking

by Faegre Baker Daniels on

Almost all real estate has the potential to generate income. An owner may rent out her property to commercial or residential tenants, or she might harvest and sell its natural resources, such as oil, gas, mineral deposits, or...more

Fourth Circuit Approves Partial Dirt for Debt Plan

by Poyner Spruill LLP on

Do you want to own that rural timberland you financed a few years back? Well, what if I told you that not only are you taking ownership, but you’re taking it in exchange for a credit of three times its appraised value? The...more

Washington Supreme Court Upholds Investigation Costs as a Remedial Action Under the Model Toxics Control Act But Restricts...

by Lane Powell PC on

Construction and Environmental Legal Update - The Washington Supreme Court has affirmed in a unanimous ruling that the costs to test soil for hazardous substances qualify as a “remedial action” under the Washington Model...more

Het Vlaams Onteigeningsdecreet - Klaar voor de start?

by DLA Piper on

Bij de zesde staatshervorming werden de gewesten in ons land bevoegd voor het onteigeningsrecht. Het Vlaams Parlement maakte van deze bevoegdheid gebruik en keurde op 15 februari 2017 het nieuwe Onteigeningsdecreet goed. De...more

The Flemish Expropriation Decree: Ready for take-off?

by DLA Piper on

Since the sixth state reform, the regions have been entrusted with expropriation law in our country. Flemish Parliament used this power to adopt the new Expropriation Decree on 15 February 2017. The proposed entry into force...more

Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years

by Pierce Atwood LLP on

In its decision in Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. ...more

When a Park in the Sky Leads to a Lawsuit - Three Strategies for Success in High-Stakes Litigation

by Poyner Spruill LLP on

In 2002, New York City announced its support for preserving the High Line—turning an unused elevated railroad into a thriving park in the heart of Manhattan’s West Side. Fifteen years later, it is one of the City’s top...more

Fall 2017 Property Tax and Valuation Topics

by Pullman & Comley, LLC on

Property Assessment Class Action Fails - On previous occasions, the editors of Property Tax and Valuations Topics have noted that Connecticut courts tend to be rather strict in requiring property owners to pursue statutory...more

Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC

by Goulston & Storrs PC on

In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more

The Limits Of Exclusive Use Rights In Condominium Common Areas

by Pierce Atwood LLP on

It’s not unusual for condominium documents to set aside parts of the development’s common area for the exclusive use of particular units.  This device allows the developer to offer a degree of privacy in decks,...more

Mortgage Foreclosure Alert: Attaching Promissory Note in Illinois Sufficient to Show Standing; but HUD Letters Require Proof of...

by Hinshaw & Culbertson LLP on

In a foreclosure action, the Illinois Appellate Court recently held that the foreclosing lender established its standing by attaching the blank-indorsed note to its complaint, but reversed judgment and remanded for the trial...more

Disqualification Not Warranted Where Attorney Was Involved in Prior Real Estate Transaction Between Two Parties That Resulted in a...

by Hinshaw & Culbertson LLP on

Lynn v. George (2017) 2017 Cal. App. LEXIS 817 - Brief Summary - The California Court of Appeal for the Fourth District held in an action arising from an alleged partnership for buying and selling real property that...more

Claims and Concurrent Causation Issues in the Wake of Hurricanes Harvey and Irma

by Wilson Elser on

Hurricanes Harvey and Irma delivered one of Mother Nature’s most powerful one-two punches in U.S. history. Harvey struck first. On August 25, 2017, the storm made landfall near the Texas Gulf Coast as a Category 4 Hurricane...more

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

by Snell & Wilmer on

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the...more

A Void Default Judgment Is No Way To Establish Title

In a post from March of this year — Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment — we reviewed the recent decision from California’s Fourth District Court of Appeal, OC Interior Services, LLC v. Nationstar...more

Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

by Snell & Wilmer on

In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days...more

Well, Isn't That a Special Use? Navigating the Special Use Permit Process in North Carolina

by Ward and Smith, P.A. on

North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in their zoning regulations. A special use permit...more

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

by Snell & Wilmer on

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

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