News & Analysis as of

Agricultural Land State and Local Government

Farrell Fritz, P.C.

Foie Gras Faux Pas: City Runs A-fowl of State Farming Protections

Farrell Fritz, P.C. on

In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of the Department of Agriculture and Markets...more

DarrowEverett LLP

What Florida’s SB 264 Means for Foreign Ownership of Real Property

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This past July, Florida became the latest state to adopt legislation with the goal of restricting foreign governments and individuals from real property ownership. Florida’s controversial new bill, SB 264, Interests of...more

Pullman & Comley, LLC

DEEP Issues Draft Guidance on Siting Solar Projects on Agricultural Lands: Virtual Public Meeting on August 16; Written Comments...

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In July of 2023, the Connecticut Department of Energy and Environmental Protection (DEEP) released Draft Guidance through its Sustainable, Transparent, and Efficient Practices (STEPS) for Solar Development public engagement...more

McDermott Will & Emery

Florida Passes Law Restricting Foreign Ownership of Real Estate

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The Florida Legislature recently passed Senate Bill 264 (SB 264), which Governor Ron DeSantis signed into law on May 8, 2023. SB 264 notably presents several new restrictions on persons or entities from certain foreign...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Cannabis Regulatory Commission Adopts Initial Rules To Govern Personal Use Cannabis Industry: Landlords, Tenants &...

On August 19, 2021, the New Jersey Cannabis Regulatory Commission adopted its initial rules to implement the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act passed by the legislature on December...more

Nossaman LLP

Klamath Dam Removal Now in Question

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Over the past decade, proponents of an effort to remove four dams on the lower Klamath River have hit a series of roadblocks.  The most recent came on July 16, 2020, when the Federal Energy Regulatory Commission (FERC) voted...more

Nossaman LLP

Paul Weiland Discusses Western Dam Removal at California Water Law Symposium

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Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal...more

Farrell Fritz, P.C.

Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

Farrell Fritz, P.C. on

When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their...more

Pullman & Comley, LLC

ALERT: Connecticut DEEP seeks to Overhaul Remediation Standards

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On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Best Best & Krieger LLP

Irrigation District May Refuse Water Delivery to Rule Violators

Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers - An irrigation district may adopt and enforce reasonable rules related to water service, and may terminate water delivery for failure to...more

Farrell Fritz, P.C.

Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld

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In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the denial of an Article 78 proceeding seeking to vacate and annul a determination of the Board of Trustees of...more

Lowndes

Property Tax Exemption and Agricultural Classification Application Deadline - March 1st

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March 1st is the deadline for filing all property tax exemption applications in the state of Florida, as well as all agricultural classification applications. No matter in which of the 67 Florida counties you own property,...more

Best Best & Krieger LLP

Groundwater Rights Jury Finds In Favor Of Public Water Suppliers - BB&K Team Successfully Defends City In First-Of-Its-Kind Trial...

Best Best & Krieger LLP, representing the City of Paso Robles, successfully defended the City in a jury trial that found the water suppliers had acquired prescriptive groundwater rights to the Paso Robles Groundwater Basin...more

Nossaman LLP

Proponents Of Dam Removal Project Seek To Skirt Protections For Endangered Species

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The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more

Nossaman LLP

California Poised to Waive Protections for Endangered Fish as Tribes Seek to Shutdown Klamath Irrigation Project in an Effort to...

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In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more

Farrell Fritz, P.C.

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)....more

Farrell Fritz, P.C.

Old MacDonald Has A Right To Build On His Farm: Sale of Development Rights In Suffolk County Does Not Preclude Certain Uses of...

Farrell Fritz, P.C. on

Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court Justice Whelan’s decision, which invalidated two local laws of the Suffolk...more

Farrell Fritz, P.C.

Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

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At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a tidal wave of opposition to changes the Board was considering to the Town’s Zoning Code with respect to wineries. The...more

Best Best & Krieger LLP

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

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

Farrell Fritz, P.C.

Cannabis Business? The Impact of Federal Law Might Reach Further Than You Think.

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Everyone involved, or thinking about becoming involved, in the cannabis business is aware of the conflict between the laws of those states legalizing marijuana and the Controlled Substance Act (the “CSA”). The CSA is a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

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