Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
Newsflash: Rockweed Not a Fish
When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more
The current housing crisis in Florida is well recognized. One promising solution is the use of surplus or under-utilized government-owned land for the development of new affordable housing. By leveraging their land holdings...more
The Georgia Brownfield Association (GBA) held its 10th annual Brownfield Seminar on April 9th, bringing together leaders from the legal, engineering, and government sectors who share an interest in furthering the...more
2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more
Our Real Estate Horizons flowchart explains what the new BNG requirement is, when it’s relevant and the options available for satisfying it, and provide details on how the biodiversity value of a site is calculated using the...more
NOT NECESSARILY! Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons. But, in a planned community governed by an owners' association, the owner may have to obtain consent to combine...more
While many of us have been fixated on the soaring gas prices and dreading our next fill-up at the pump, Connecticut recently passed new legislation making a switch to electric vehicles even more intriguing. During the...more
They say beauty is in the eye of the beholder. Now, for the first time since the birth of the modern planning system in 1947, it’s also enshrined expressly in policy....more
Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more
On 16 October 2020, the English Court of Appeal delivered judgment in DB Symmetry v Swindon Borough Council & Another, confirming that a planning condition requiring dedication of land for public use without compensation is...more
The State of Hawaii Land Use Commission’s reversion of 1,060 acres from a conditional urban land use classification to the prior agricultural use classification was not an unconstitutional taking because the landowner could...more
Land Use, Telecommunications, Environmental and More - As noted in Part I of this two-part series, California lawmakers passed a number of new laws last year that greatly impact how public agencies serve their...more
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s...more
In September 2019, Baltimore county will kick off the Comprehensive Zoning Map Process (“CZMP”). The CZMP is the quadrennial process through which Baltimore County redraws its zoning maps. Every four years, the Baltimore...more
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
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
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
California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more
What is a "variance" in the zoning context? Simply, it is relief from -- or a variation of -- the application of a zoning law to a particular piece of property....more