News & Analysis as of

Zoning, Planning & Land Use Residential Real Estate

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Notable Eminent Domain and Inverse Condemnation Cases from 2017 (and one from 2018)

Here are the cases that caught our attention from the universe of eminent domain and inverse condemnation during 2017 (and one case from January 2018)....more

2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

U.S. construction starts are expected to increase 3 percent to $765 billion in 2018 according to Dodge Data & Analytics in its 2018 Dodge Construction Outlook. But we may be approaching the end of a construction boom, at...more

When Does a Contractor Legally Abandon a Construction Project?

by Snell & Wilmer on

Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect. Here are...more

No blues for the Blues on rights to light

by Hogan Lovells on

There was much fanfare when Chelsea Football Club secured planning permission for redevelopment of Stamford Bridge last year. However, one family’s fight against the new stadium’s impact on its right to light had the...more

2018 California Public Agency Laws – Part II - Housing and Land Use, Environment, Public Property/Public Works and Economic...

by Best Best & Krieger LLP on

The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

Bucks County Planning Commission

by Fox Rothschild LLP on

The Bucks County Planning Commission has increased its filing fees for 2018. The base fees for residential subdivisions, land developments and conversions remain the same, but the additional lot multiplier fees have been...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

Tax Reform Actualized and the Impact on Affordable Housing and Community Development

by Ballard Spahr LLP on

As we know, the President has signed what was originally titled Tax Cuts and Jobs Act, the most significant overhaul to the U.S. Tax Code since 1986. The President signed the Act into law after the first of the year in order...more

Property in 2018: all change

by Dentons on

Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repair liability, plus proposals...more

Tax Reform's New Incentives for Investments in Low-Income Communities: Part 1 - State Governors Given Responsibility for...

by Holland & Knight LLP on

• A new tax incentive in the recently enacted Tax Cuts and Jobs Act would allow investors selling appreciated securities or other investment property to defer tax on those gains to the extent that the proceeds are reinvested...more

West Coast Real Estate Update - January 2018

by Holland & Knight LLP on

Apartment Owner Loses Court Battle with Airbnb - A federal judge in Los Angeles recently dismissed a lawsuit by the owner of the 4,255-unit Park La Brea apartment complex against Airbnb Inc. that sought to hold the online...more

Planning for Growth and More Growth

Growth in Florida is expected to continue its upward trend in 2018. According to data from U-Haul, Florida was the country’s No. 2 Growth State for 2017, for the second year in a row. ...more

The Right to Rent? Or, more like…. the Right to Apply for a License?

A new state-wide vacation rental law bill proposed in the Florida Senate would require vacation rental owners to apply for and pay a fee for a license in order to operate a vacation rental whether advertised on a website or...more

Slate of New Housing Bills Take Effect January 1, 2018

Governor Brown signed into law a slate of 15 new housing bills last fall. Three of those bills that related to funding sources for housing went into effect immediately, while the other 12 took effect on January 1, 2018. These...more

Environmental Justice Element Now Required for California’s General Plans

As of January 1, 2018, California’s cities, counties, and charter cities are required to either adopt an Environmental Justice Element in their General Plan or integrate Environmental Justice policies and goals into the...more

SCOTUS Will Not Hear FL Eminent Domain Case

by Fox Rothschild LLP on

The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit...more

(Plaintiffs Claiming) Trespass Beware

by Liskow & Lewis on

In Chauvin v. Shell Oil Company, the Louisiana Fifth Circuit Court of Appeal affirmed the judgment of the trial court granting summary judgment to defendants on Plaintiffs’ trespass action. In doing so, the Fifth Circuit made...more

Tiny Houses Gain Momentum in Florida

We have previously discussed on our blog the tiny house movement and the possibility of this growing trend ameliorating the shortage of affordable housing in the Sunshine State. The second annual Florida Tiny House Festival...more

Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending

by Farrell Fritz, P.C. on

Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that post, the Petitioner, Donna Murr contacted the author to provide us with an update to her family’s situation....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

Supreme Court Considers Zoning Merger Case- How does this apply in Southampton Town?

by Farrell Fritz, P.C. on

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

by Nexsen Pruet, PLLC on

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are...more

Los Angeles Adopts Affordable Housing ‘Linkage Fee’

Why it matters: The newly adopted Affordable Housing Linkage Fee will be assessed against all commercial and residential developers in order to help pay for affordable housing in the city....more

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