News & Analysis as of

Land Use Restrictions

Allen Matkins

Sustainable Development and Land Use Update 12.16.24

Allen Matkins on

On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation...more

Womble Bond Dickinson

The North Carolina General Assembly's Partial Withdrawal of Zoning Authority Delegated to Local Governments

Womble Bond Dickinson on

Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more

Sands Anderson PC

Supreme Court Reverses While Affirming: A Caution Against Advisory Opinions

Sands Anderson PC on

Courts are supposed to decide only the necessary things. They’re supposed to avoid weighing in on issues that don’t need a decision. Those principles came to a head in the Supreme Court of Virginia last month in Rebh v...more

Womble Bond Dickinson

[Webinar] Data Center Legal Issues - December 18th, 11:00 am - 1:00 pm EST

Womble Bond Dickinson on

Join us for a Womble Bond Dickinson webinar tailored for private equity and data center professionals. Discover the latest legal insights and strategies to navigate the complex landscape. We will explore the critical legal...more

Lowndes

Update on Orange County’s Proposed Ordinance to Halt Certain Development Projects

Lowndes on

On October 29, 2024, the Orange County Board of County Commissioners approved a new ordinance that will temporarily suspend all comprehensive plan text and map amendments, rezonings, and special exceptions, but provides a...more

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

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

DarrowEverett LLP

[Webinar] Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale Agreements - October 30th, 9:00 am PT

DarrowEverett LLP on

Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...more

Best Best & Krieger LLP

SB 450: Legislature Curtails Local Regulation of SB 9 Projects

Since January 1, 2022, SB 9 has required local agencies to allow any lot in a single-family residential zone to be: (1) split, roughly into halves, with resulting lots as small as 1,200 sf (termed an “urban lot split”); and...more

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

Venable LLP on

As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more

Hinckley Allen

Easing Use Restrictions Opens Up Opportunities in Retail for Landlords and Tenants

Hinckley Allen on

Use restrictions—once rigidly dictated by anchor tenants—are undergoing significant transformations leading to new opportunities for retailers and landlords. Historically, retailers wielded considerable influence, often...more

Sheppard Mullin Richter & Hampton LLP

City Council Approves City of Yes for Economic Opportunity, with Modifications

The New York City Council voted to approve a modified version of the City of Yes for Economic Opportunity (“COYEO”) text amendment, the second in a trio of City of Yes initiatives which aim to: (1) promote sustainability (the...more

McGuireWoods LLP

Fairfax County Planning Commission Recommends Data Center Zoning Changes

McGuireWoods LLP on

On June 6, 2024, the Fairfax County, Virginia Planning Commission recommended approval of zoning ordinance amendments that will create new restrictions for data centers. The proposed ordinance will permit by-right data center...more

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

Bennett Jones LLP on

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

Bennett Jones LLP

Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

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In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property,...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Venable LLP

Two Northern Virginia Counties Are Tightening Their Data Center Regulations

Venable LLP on

Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial...more

Stoel Rives - Renewable + Law

New Legislation Authorizes Oregon Energy Facility Siting Council to Certify Standalone Battery Energy Storage Systems but Stops...

The Oregon Energy Facility Siting Council (EFSC) oversees the siting of large-scale energy facilities like wind and solar power projects, which often include an associated Battery Energy Storage System (BESS). BESS is a...more

Goldberg Segalla

New California Bill Aims to Restore Local Governments’ Ability to Limit or Ban Certain Oil and Gas Extractions

Goldberg Segalla on

As reported to our readers in August 2023, the California Supreme Court in Chevron U.S.A., Inc. v. County of Monterey, (2023) Cal. LEXIS 4349, struck down a Monterey County initiative that would have banned oil and gas...more

Bennett Jones LLP

B.C. and Haida Nation Release Haida Title Lands Agreement

Bennett Jones LLP on

On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...more

Allen Matkins

Sustainable Development and Land Use Update 3.28.24

Allen Matkins on

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

Verrill on

In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

Venable LLP

Fauquier County's Board Implements New Data Center Development Policy Guidance

Venable LLP on

On December 14, 2023, the Fauquier County Board of Supervisors adopted policy guidance for data center development. The Data Center Development Policy limits where data centers can be established and regulates various aspects...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Clarifies RLUIPA Substantial Burden Inquiry

The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more

Miller Nash LLP

Impact Fees at the Supreme Court: How Far Must Government Go to Justify the Fees on a Case-by-Case Basis?

Miller Nash LLP on

On January 9th of this year, the United States Supreme Court heard oral argument in Sheetz v. El Dorado County on an important issue related to impact fees imposed on development. Under existing law, if government requires an...more

Farella Braun + Martel LLP

[Event] CEQA Decoded: Practical Insights for Bay Area Professionals - February 22nd, San Francisco, CA

The CEQA process can be daunting, but being appropriately informed by a knowledgeable guide will create opportunity and cost savings throughout the life of a project. Participate in this dynamic discussion and gain insights...more

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