News & Analysis as of

Land Owners

Bowditch & Dewey

Appurtenant Railroad Land No Longer Impedes Development

by Bowditch & Dewey on

MGL c. 40, section 54A provides that a municipality cannot issue a building permit to build a structure on land formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by any railroad...more

Akin Gump Strauss Hauer & Feld LLP

Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #5

Gas Drilling Not Damaging Forests' Waterways, State Finds - "Pennsylvania's state forests agency says it isn't finding damage to waterways amid the expansion of natural gas drilling in recent years, although it is reporting...more

McDermott Will & Emery

Proposed Land Ownership Register for Non-UK Entities Expected in 2021

by McDermott Will & Emery on

On 23 July 2018, the UK Government confirmed it would legislate to introduce a new public register of ownership for all non-UK legal entities that own UK property. The register will be the first of its kind in the world and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Course Designation: Minnesota Appellate Court Addresses Challenge to a "Public" Designation

The Minnesota Court of Appeals (“Court”) addressed whether an unnamed public water course was properly included on the State of Minnesota’s Public Waters “Inventory List.” See In re Big Stone Cty. Request for Review of Pub....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Missouri Soil and Water Districts Commission: Actions Announced to Address Drought

The Missouri Soil and Water Districts Commission (“Commission”) issued a July 30th news release stating it had approved five actions intended to assist the agricultural community affected by drought. The Commission states...more

Field Law

Workwise Newsletter: Cannabis Complicates Crossing the Border

by Field Law on

The legalization of cannabis in Canada poses a unique opportunity for entrepreneurs, investors, and businesses. It is estimated that the recreational cannabis market in Canada may generate approximately $23 billion in annual...more

Dentons

Closing the registration gap

by Dentons on

In late 2016 the High Court decided that a purchaser was bound by an easement granted by his sellers, without his permission, after he had purchased his land from them. That decision caused considerable unease. Accordingly,...more

Liskow & Lewis

Louisiana’s Third Circuit (Again) Affirms the Applicability of the Subsequent Purchaser Doctrine to Mineral Leases

by Liskow & Lewis on

While oil and gas company-defendants—and several courts alike—have deemed the applicability of the subsequent purchaser doctrine to mineral leases a settled issue of law, plaintiff-landowners have continued to argue...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - July 2018

All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after...more

Blake, Cassels & Graydon LLP

B.C. to Crack Down on Hidden Ownership of Real Estate with New Reporting Obligations

On June 20, 2018, the B.C. Ministry of Finance released a white paper on draft legislation that will require reporting on beneficial ownership of land in B.C. The draft legislation, titled the Land Owner Transparency Act...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Federal Energy Regulatory Commission Natural Gas Certification Process: Office of Inspector General Audit Report

The United States Department of Energy Office of Inspector General (“OIG”) issued a May 2018 Audit Report titled: The Federal Energy Regulatory Commission’s Natural Gas Certification Process (“Report”) ...more

Ward and Smith, P.A.

Real Property: More Than Meets the Eye

by Ward and Smith, P.A. on

Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other physical characteristics are other important factors. Nonetheless, there are...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Faegre Baker Daniels

Supreme Court Decides Upper Skagit Indiana Tribe v. Lundgren

by Faegre Baker Daniels on

On May 21, 2018, the Supreme Court of the United States decided Upper Skagit Indiana Tribe v. Lundgren, No 17-387, holding that its prior decision in County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502...more

Snell & Wilmer

Developers Celebrate Arizona’s Opportunity Zones

by Snell & Wilmer on

President Trump’s Tax Cuts and Jobs Act passed by Congress in December included a new community development program designed to promote investment in low income urban and rural communities. These “Opportunity Zones” provide...more

Blank Rome LLP

Pennsylvania Superior Court Fractures Long-Standing Rule of Capture

by Blank Rome LLP on

Citing distinctions between hydraulic fracturing and conventional gas drilling, the Pennsylvania Superior Court held on April 2, 2018, in Briggs v. Southwestern Energy Production Company that the rule of capture does not...more

Holland & Knight LLP

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

by Holland & Knight LLP on

• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

White & Case LLP

FERC Solicits Feedback on Modernizing Natural Gas Certificate Policy

by White & Case LLP on

On April 19, 2018, the Federal Energy Regulatory Commission ("FERC") initiated a proceeding to evaluate its policies—in place for nearly two decades—governing the review and certification of new interstate natural gas...more

Jennings, Strouss & Salmon, PLC

FERC Initiates Review of Its Long-Standing Pipeline Certificate Policy Statement

Last Thursday, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Inquiry (“NOI”) seeking comment on possible changes needed to its 1999 Policy Statement on certification of new interstate...more

Tucker Arensberg, P.C.

Can Natural Gas Drillers Drink Your Milkshake?

by Tucker Arensberg, P.C. on

The fight over the historical concept of the “Rule of Capture” as applied to gas rights in Pennsylvania continued recently as the appellees in the matter of Briggs v Southwestern Energy Prod. Co. recently requested a...more

Varnum LLP

Supreme Court Upholds Constitutionality of Gun Lake Band's Trust Land

by Varnum LLP on

Challenges to the Gun Lake Band's trust land, pursued by Michigan resident David Patchak since 2008, are finally at an end. Recently, the Supreme Court upheld the decision of the D.C. Circuit Court to affirm the...more

Schwabe, Williamson & Wyatt PC

Marbled Murrelet Listed as Endangered Under Oregon’s Endangered Species Act: What Does It Mean for Timber Landowners and...

At its February 9, 2018 meeting, the Oregon Fish and Wildlife Commission (the “Commission”) voted to “uplist” the marbled murrelet’s status from a threatened to an endangered species by a 4-2 margin. The marbled murrelet is a...more

Hogan Lovells

Supreme Court says Congress can stop lawsuit that threatens Tribes casino

by Hogan Lovells on

The Supreme Court, in a 6-3 decision last Tuesday affirmed the judgment of the United States Court of Appeals for the District of Columbia in Patchak v. Zinke, holding that Congress through the Gun Lake Act, which reaffirms...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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