News & Analysis as of

Land Parcels

Houston Harbaugh, P.C.

Pennsylvania Supreme Court Determines That Zoning Officer Had Authority to Issue Zoning Use Permit, but the Practical Application...

In a July 17, 2024 Opinion, the Pennsylvania Supreme Court decided in AUUE, Inc. v. Borough of Jefferson Hills Zoning Hearing Board, No. 28 WAP 2022, ___ A.3d ___ (Pa. 2024), that the Pennsylvania Municipalities Planning Code...more

Allen Matkins

Sustainable Development and Land Use Update 7.11.24

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The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more

Husch Blackwell LLP

Bridging the Gap: Caution for Developers Looking to Use Public Rights of Way for Collection and Transmission Routing

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For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous...more

Allen Matkins

Superior Court Ruling: Charter Cities Not Subject to SB 9

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On April 24, 2024, a Los Angeles County Superior Court ruled that Senate Bill (SB) 9 does not apply to charter cities because it violates the authority granted to charter cities by the California Constitution to manage their...more

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

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The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Houston Harbaugh, P.C.

The Centerline Presumption – Who Really Owns the Oil and Gas Under Roads and Highways? (Part II)

A troubling and confusing issue here in Pennsylvania concerns the ownership of oil and gas rights under roads and highways. For example, let’s assume Farmer Joe owned 115 acres in Greene County. In 1981, Farmer Joe sells...more

Nossaman LLP

What Constitutes a “Larger Parcel?”

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In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)....more

Lerch, Early & Brewer

Navigating the Zoning Process in Montgomery County, Maryland with a Land Use Attorney

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Montgomery County land developers face a myriad of challenges that can make or break their projects. From intricate zoning laws to community opposition, the road to successful development is replete with obstacles....more

Amundsen Davis LLC

Wisconsin Personal Property Tax Repealed: What it Means for Business Owners

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On June 20, 2023, Governor Tony Evers signed 2023 Act 12 (“Act 12”) into law. Notably, Act 12 repeals Wisconsin’s personal property tax. The repeal takes effect on January 1, 2024 and eliminates the time-consuming and costly...more

Holland & Knight LLP

IGAC expide resolución para gestión catastral multipropósito en Colombia

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Mediante la Resolución 1040 de 2023, el Instituto Geográfico Agustín Codazzi (IGAC) estableció una serie de medidas que determinarán en el futuro la forma en que se maneja la información catastral en Colombia y los mecanismos...more

Allen Matkins

Sustainable Development and Land Use Update 8.17.23

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The Hermosa Beach City Council unanimously approved its Housing Element, which now must be submitted to the state Department of Housing & Community Development for certification. The state has said Hermosa Beach must build...more

Patton Sullivan Brodehl LLP

Court Addresses “Presumptively Legal” Parcels Under Subdivision Map Act

California’s Subdivision Map Act (“SMA”) governs the legal subdivision of property in California. The SMA’s approval process is familiar to most developers.  The statute’s purpose is to ensure orderly and coordinated...more

Allen Matkins

Sustainable Development and Land Use Update - 3.29.23

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San Francisco leaders have a new plan to make it easier for developers to convert office buildings to housing downtown and in swaths of SoMa and Union Square....more

Houston Harbaugh, P.C.

Ohio Federal Court Allows Subsurface Trespass Suit To Move Forward

Houston Harbaugh, P.C. on

This is a familiar yet troubling question. Imagine you own 135 acres in Washington County. You have received offers from several oil and gas drillers but have not yet signed a lease. Your neighbor, however, did sign a lease...more

Sherman & Howard L.L.C.

Avoid this Easily Overlooked Mistake in Real Estate Contracts

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Most Colorado county assessor websites include a warning against using assessor legal descriptions in property conveyance documents. The Jefferson County Assessor’s site warns in bold red font: “The legal description...more

Nossaman LLP

When Does Downzoning Result in a Regulatory Taking?

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As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each...more

Patton Sullivan Brodehl LLP

APNs Do Not Define Title To Real Property

In a prior post from 2020, Money and Dirt covered an opinion from California’s Fourth Appellate District holding that an Assessor’s Parcel Number (APN), by itself, “does not necessarily demonstrate the actual, physical...more

Lowndes

Local Regulations and the Subdivision of Property

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Land in Florida continues to be rapidly developed due to the economic growth still taking place in the state. The housing market currently remains strong, and new residential developments (both apartments and single-family...more

Patton Sullivan Brodehl LLP

Remedies for Trespass by Encroachment

A trespass by way of encroachment occurs when a building, structure, or other “thing” (as opposed to person or animal), goes beyond the boundaries of the owner’s land onto adjoining land without the permission or consent of...more

Gray Reed

North Dakota Supreme Court to Hear Case on Pore Space Rights

Gray Reed on

[Updated] The North Dakota Supreme Court will hear oral arguments on Thursday to consider who owns the right to the porous spaces within subsurface rock formations. The issue is over Senate Bill 2344, passed by the...more

Husch Blackwell LLP

The Implications of Drilling Units Created by Pooling on Solar Development

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At the beginning stages of a solar project, developers must be aware of oil and gas operations on or near the project area. However, operations that occur near but not directly on a site plan are often overlooked. If...more

Shutts & Bowen LLP

Amendments to Florida's Private Property Rights Protection Act (“Harris Act”) take effect on October 1, 2021

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The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...more

Holland & Knight LLP

SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects

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California Senate Bill (SB) 10, which Gov. Gavin Newsom signed into law on Sept. 16, 2021, and will take effect on Jan. 1, 2022, provides that local agencies may adopt an ordinance to allow up to 10 dwelling units on any...more

Holland & Knight LLP

California Gov. Signs Landmark Duplex and Lot-Split Legislation into Law

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California Gov. Gavin Newsom, on Sept. 16, 2021, signed into law Senate Bill (SB) 9, a landmark law that would allow for the ministerial approval of certain housing development projects containing up to two dwelling units...more

Farrell Fritz, P.C.

Property Owner’s Request for Court-Determined Just Compensation Backfires

Farrell Fritz, P.C. on

The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward.  The property owner (the “Owner”) owned a 53,645-square-foot parcel of property (the “Property”) along New York State Route 347...more

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