News & Analysis as of

Land Use Restrictions

Womble Bond Dickinson

Arizona SB 1307 and the Land Use Challenge of Integrating Advanced Air Mobility

Womble Bond Dickinson on

Arizona has taken an early step into Advanced Air Mobility (AAM) with the enactment of SB 1307. Rather than preempting local authority or prescribing where and how AAM facilities must be located, the legislation takes a...more

Allen Matkins

Water Supply Assessments Under CEQA: Vallejo v. American Canyon Clarifies What Must (and Need Not) be Included

Allen Matkins on

On January 14, 2026, a California Court of Appeal upheld the Environmental Impact Report (EIR) certified by the City of American Canyon (American Canyon) and the accompanying water supply assessment (WSA) in City of Vallejo...more

Allen Matkins

Sustainable Development and Land Use Update 3.6.26

Allen Matkins on

The U.S. Senate is advancing a sweeping housing package, which includes legislative efforts around affordability and housing production with a federal objective to ban institutional investment in single-family homes....more

Pullman & Comley - For What It May Be Worth

Connecticut's PA 490 Farmland Tax Crisis: What Happened and What Lies Ahead for Local Food Producers

Connecticut’s 2025 PA 490 farmland tax crisis exposed critical flaws in the state's land valuation process. When new recommended use values were released, farmers faced sudden dramatic tax increases, threatening...more

Brownstein Hyatt Farber Schreck

Ballot Box Rezoning Coming to Denver?

A proposed ballot initiative by two local land use reform advocates could substantially reshape the zoning landscape of Colorado’s largest city—part of a wider shift of voters clawing back zoning control from elected leaders....more

Cadwalader, Wickersham & Taft LLP

You Can’t Always Get What You Zone, February 2026 - Gimme Shelter in Soho/Noho Even Though I’m Not an Artist

The New York Court of Appeals’ (the “Court”) decision In the Matter of The Coalition for Fairness in Soho and Noho, Inc., et al., Respondents, v. City of New York, et al., keeps New York’s (the “City”) land use regime from...more

Otten Johnson Robinson Neff + Ragonetti PC

Colorado Lawmakers Reignite Debate Over Zoning Barriers to Residential Developments

Colorado legislators are once again advancing legislation they say will address the state’s need for affordable housing. With an abundance of vacant and underutilized land currently restricted from use for residential...more

Stark & Stark

Terminating Easement by Abandonment - Is Failure to Use an Easement for an Extended Period of Time Enough to Have it Deemed...

Stark & Stark on

I have written and spoken on ways to terminate easements when a property owner finds itself subject to an older easement that is impacting the development of a property. The first step is to review the terms of the written...more

Meyers Nave

Neighbor Disputes in High-Value Commercial and Residential Real Estate

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Whether your neighbors are adjacent businesses in a commercial complex, or the family who lives on the other side of the wall in your backyard, neighbor disputes can easily turn into the most stressful and cumbersome aspect...more

Wenning Environmental

BLM proposes to revoke montana grazing permits for american prairie’s bison

Wenning Environmental on

Buffalo, in football and life, just can’t catch a break. Last fall, I drew attention to the heated debate over American bison (Bison bison) grazing on federal (public) and private lands in Montana (Wenning, 2025). The...more

DLA Piper

German Planning Law: Defence Projects And Municipal Planning

DLA Piper on

The German urban land-use planning system is based on transparency, public participation and the careful balancing of interests. Rooted in the German Building Code (Baugesetzbuch (BauGB)), its aim is to serve the common good...more

Houston Harbaugh, P.C.

Commonwealth Court Examines whether Agrivoltaic Solar Energy Project is Agriculture Under Zoning Ordinance

Houston Harbaugh, P.C. on

On January 15, 2026, the Pennsylvania Commonwealth Court released its decision in In West Lampeter Solar 1, LLC v. West Lampeter Township Zoning Hearing Board, No. 76 C.D. 2025 (Pa. Commw. Ct. Jan. 15, 2026), wherein it...more

Allen Matkins

There’s Plenty of Resilience in the Multifamily Sector

Allen Matkins on

The multifamily outlook remains positive across both Northern and Southern California, though overall sentiment has dipped slightly relative to the Summer 2025 Survey....more

Stikeman Elliott LLP

Key Considerations for Zoning and Land Use in Canada

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Real estate laws in Canada present unique opportunities and challenges. Our lawyers have authored the “Canada” chapter of Real Estate: Zoning & Land Use 2026, a global guide published by Chambers and Partners. Our...more

Perkins Coie

36TH Annual | 2026 Land Use & Development Law Briefing

Perkins Coie on

A catch-all provision in the County’s encroachment permit checklist requiring “[o]ther information as may be required” violated the Permit Streamlining Act because it failed to specify required information with sufficient...more

Holland & Knight LLP

Trial Court Delivers Post-Sheetz Wake-Up Call to Local Jurisdictions on Impact Fees

Holland & Knight LLP on

California jurisdictions have historically relied on development impact fees adopted under the Mitigation Fee Act (MFA) or Quimby Act to fund new infrastructure, utilities and park facilities. Although it cannot be cited as...more

Allen Matkins

Sustainable Development and Land Use Update 2.6.26

Allen Matkins on

On January 29, Santa Clara County Superior Court Judge Helen E. Williams dismissed a lawsuit filed by the Town of Los Gatos seeking clarification of California’s builder’s remedy law....more

Shutts & Bowen LLP

Five Things First-Time Florida Multifamily Developers Should Know

Shutts & Bowen LLP on

Due to widespread population growth, job creation and long-term rental demand, Florida continues to attract multifamily development. However, Florida’s regulatory framework, insurance environment and lender expectations can...more

Stikeman Elliott LLP

Inclusionary Zoning: Ontario Government Extends Grandfathering for Toronto, Mississauga, and Kitchener

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The Ontario Government has extended the grandfathering window for inclusionary zoning in Toronto, Mississauga, and Kitchener. Certain development applications submitted before July 1, 2027 will be exempt from inclusionary...more

Kerr Russell

Advocating for Yourself: Understanding Homeowner Rights Within HOA Communities

Kerr Russell on

It is a longstanding law in Michigan that owners of real property have the right to restrict the future use of their property, but there are legal limits to those restrictions. It is common for developers of platted...more

Mayer Brown

"Bat Tax" or nature protection? The United Kingdom's New Nature Restoration Fund

Mayer Brown on

In 2023, former UK Prime Minister Boris Johnson bemoaned the United Kingdom's "newt-counting" sclerotic planning system for holding up the development of a swimming pool at his Oxfordshire retreat as a "drag on prosperity."...more

Husch Blackwell LLP

Restricting Foreign Ownership of U.S. Dairy Land

Husch Blackwell LLP on

In recent years, the U.S. government has become increasingly concerned about foreign ownership of agricultural land. According to the most recent U.S. Department of Agriculture (USDA) report, foreign owners (primarily...more

Whiteford

Using Natural Resources in a Life Estate: What Virginia Families Should Know

Whiteford on

When a loved one leaves you a life estate in land that has natural resources (like timber, minerals, or natural gas), you receive the right to use and enjoy the property during your lifetime. But that right comes with limits...more

Paul Hastings LLP

German Federal Court Ruling on Neighboring Heritable Building Rights Enhances Legal Certainty for Developers

Paul Hastings LLP on

The German Federal Court of Justice (Bundesgerichtshof, or BGH) has clarified that neighboring heritable building rights (Nachbarerbbaurechte) are legally permissible, expressly overturning its earlier case law that had cast...more

Venable LLP

Virginia General Assembly Introduces HB 447 to Clarify Third-Party Standing in Land Use Appeals

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The Virginia General Assembly has filed a bill that would make challenges of local land use decisions more difficult. ...more

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