News & Analysis as of

Abandoned Property State and Local Government

Allen Matkins

Sustainable Development and Land Use Update 8.10.23

Allen Matkins on

San Diego’s Planning Commission unanimously voted last Thursday against a key part of Mayor Todd Gloria’s housing plan that would have eliminated single-family zoning in much of the city. The commission voted to recommend the...more

Cozen O'Connor

Broad Street Brief: “Prison Gerrymandering” Addressed in New Council Bill

Cozen O'Connor on

CITY HALL- “Prison Gerrymandering” Addressed in New Council Bill Council President Darrell Clarke and Mayor Jim Kenney presented a new bill to address “prison gerrymandering” — when incarcerated people are counted in their...more

BakerHostetler

[Podcast] What is Unclaimed Property/Escheat?

BakerHostetler on

What in the world is unclaimed property and escheat? And why are tax people dealing with it? Matt Hunsaker gives a basic high-level overview of the world of unclaimed property....more

Perkins Coie

Condemnee Need Not Entirely Vacate Premises to Recover Damages After Condemnation is Abandoned

Perkins Coie on

Complete physical dispossession of a property is not a prerequisite to an award of damages after a condemnation proceeding is abandoned—moving from the property in reliance on the order granting the agency possession is...more

Steptoe & Johnson PLLC

Ohio Supreme Court Rules on DMA's Notice Requirements for Abandonment of Mineral Interests

Steptoe & Johnson PLLC on

On December 17, the Supreme Court of Ohio held in Gerrity v. Chervenak that the circumstances of each respective case will control the efforts a surface owner must take before resorting to notice by publication under the...more

Eversheds Sutherland (US) LLP

Top five unclaimed property trends for 2020

Unclaimed property audits and compliance issues will continue to be a challenge for companies in a wide range of industries. States view escheat as an important source of revenue, and contingent fee auditors will do their...more

Farrell Fritz, P.C.

Nonconforming Uses – Don’t Abandon Them

Farrell Fritz, P.C. on

Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York.  Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more

Kramer Levin Naftalis & Frankel LLP

Under Recent New York Case, You May Be Liable for Interest on Unclaimed Property

Banks, insurers and other financial services companies, as well as other companies holding unclaimed property, are automatically liable for interest that accrues on unclaimed property held by them in New York, without having...more

Jones Day

Illinois Unclaimed Property Auditors Target Previously Exempt Business-to-Business Property

Jones Day on

A recent written auditor request indicates an aggressive position and differing treatment on previously exempt Illinois business-to-business property. Other states are poised to follow. Illinois contingent fee auditors...more

Pillsbury - Gravel2Gavel Construction & Real...

Third Circuit Addresses Preemption By Federal Common Law

The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the possession of another person is subject to the state’s control after the period of...more

Roetzel & Andress

Ohio Legislature Concludes 131st General Assembly in Marathon Session Lasting Until 3:30 AM Last Friday

Roetzel & Andress on

After a whirlwind final week of the lame duck session, where the Legislature passed various, often times emotion-evoking measures (including gun rights, abortion, unemployment compensation fund changes, municipal minimum wage...more

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