Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
Governor DeSantis signed HB 799 into law on June 27, 2024, impacting all developments subject to covenants or restrictions of any flavor, whether residential or commercial....more
The U.S. Supreme Court (SCOTUS) has again rejected a state's narrow interpretation of the constitutional limits on government's ability to impose development conditions. A unanimous SCOTUS ruled on April 12 in favor of the...more
Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more
The Court of Appeals of Wisconsin (“Court) addressed in a June 23rd Opinion the scope of a lake easement. See Trahan v. Hinton, 2021 WL 2577142. The question considered was whether a pier could be placed within the...more
Evidence about past wildfires and the risk of future wildfires impacting residents near a proposed project does not require the lead agency to prepare an environmental impact report unless there is substantial evidence...more
Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining...more
COVID-19 has undoubtedly upended the world, including the way we do business and the future of our economy. While our focus should continue to be on the health and safety of our families, friends, and communities, many in the...more
In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for...more
In my post last week on Pishev v. City of Somerville, I mentioned that the Supreme Judicial Court (SJC) would be soon deciding another important urban renewal case, Marchese v. Boston Redevelopment Authority. It turns out...more
The Appellate Division of the Supreme Court of New York (“Court”) in a June 7th opinion addressed a property owner’s request to annul a Town’s determination to acquire an easement to install a sewer line along a nature trail....more
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more
On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to...more
As much as public agencies want infrastructure projects to go smoothly, they rarely do. Even when a project is seemingly rolling along through right of way acquisition, there are still hurdles that inevitably impact budgets...more