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Land Use Restrictions Land Developers

Bennett Jones LLP

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

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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

Venable LLP

Two Northern Virginia Counties Are Tightening Their Data Center Regulations

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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

Bennett Jones LLP

Land Leases for Renewable Energy Projects in Alberta - Update, November 2023

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In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from...more

Brownstein Hyatt Farber Schreck

Five Tips for Successful Recreation Asset Deals on Federal Land

Asset sales involving the disposition of recreation-focused businesses on federal lands, including ski areas and guiding companies, require the buyer to obtain a new Special Use Permit (SUP) from the U.S. Forest Service...more

Brownstein Hyatt Farber Schreck

Surplus Lands Act Amendments: Public Agencies Get Clarity, Flexibility & Private Developers Take Note

Recent Legislation Amending the Surplus Lands Act Provides Clarity and Additional Flexibility to Public Agencies - Recently, Gov. Gavin Newsom signed Senate Bill 747 and Assembly Bill 480 into law to make common-sense...more

Bennett Jones LLP

Land Use Compatibility Basics

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Land use compatibility in the planning context is achieved where industrial and other major facilities can coexist with sensitive land uses to contribute to healthy, livable and sustainable communities. The statutory and...more

Kramer Levin Naftalis & Frankel LLP

Land Use Issues Addressed at Kramer Levin Seminar

Kramer Levin recently hosted a seminar titled “Emerging Issues in Land Use: The Year in Review and What’s Ahead,” where experts discussed New York City planning initiatives and land use trends. Among the speakers were Jessica...more

Bennett Jones LLP

Proptech and Decarbonization in Commercial Real Estate

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Decarbonization in the commercial real estate sector is top of mind for building developers, owners and operators, as it has garnered increased policy momentum at all levels of government in Canada. Stakeholders must ensure...more

Brownstein Hyatt Farber Schreck

Land Use Bill Could Change How Local Governments Review New Housing Projects

Colorado Gov. Jared Polis’ wide-ranging land use bill targeting housing affordability was introduced on March 22, 2023, as SB 23-213, sponsored by Sen. Dominick Moreno (D-Adams) and Reps. Iman Jodeh (D-Arapahoe) and Steven...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

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Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Bennett Jones LLP

Supreme Court of Canada Clarifies Law In de facto Expropriation Cases

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Government Advantage and Reasonable Land Use - A majority of the Supreme Court of Canada (SCC) recently clarified that any public “advantage” that government obtains through land regulations that deprives a property owner...more

Perkins Coie

City of Davis Did Not Err in Finding Mixed-Use Project Consistent With General Plan

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The court of appeal held that the City’s determination that a mixed-use development project was consistent with applicable general plans policies and standards was supported by substantial evidence. Old East Davis...more

Perkins Coie

2021 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development law cases decided in 2021. 1. Planning and Zoning - CHEVRON v. COUNTY OF MONTEREY 70 Cal. App. 5th 153 (2021) - A county ordinance...more

Ward and Smith, P.A.

Land Use and Zoning Basics for Community Associations

Ward and Smith, P.A. on

Recently, I detailed a variety of land use laws and land use regulations pertinent to community associations and community association managers. The webinar, which is part of Ward and Smith’s Community Association...more

Farrell Fritz, P.C.

Single and Separate and the Doctrine of Merger

Farrell Fritz, P.C. on

Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.”  That is not entirely true.  An exception to the single and separate...more

Farrell Fritz, P.C.

Fourth Department Frenzy: Reversionary Zoning, Sewer Agreements, Site Plan Review, and Constitutional Rights

Farrell Fritz, P.C. on

In Riedman Acquisitions, LLC v Town Bd. of Town of Mendon, 194 AD3d 1444, 2021 NY Slip Op 02952 [4th Dept 2021], the Appellate Division, Fourth Department, addressed several significant issues concerning land development...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction Update

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The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning and...more

Perkins Coie

2020 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Bennett Jones LLP

Bill 48 Proposes to Create Single Land and Property Rights Tribunal in Alberta

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A key goal of Alberta's Recovery Plan is to create jobs and drive Alberta's economy forward. In this regard, the Government of Alberta has implemented several measures in an effort to reduce the red tape associated with...more

Shumaker, Loop & Kendrick, LLP

Client Alert: What does the recent SC Court of Appeals case Jericho State Capital Corp. of Florida v. Chicago Title Insurance...

If you live in Charleston, South Carolina, for most of your life you have been hearing about the plans for I-526. A portion of “526,” as locals call it, was built in the 1990s - it linked West Ashley with North Charleston and...more

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

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In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction COVID-19 Update

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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more

Allen Matkins

Sustainable Development and Land Use Update - June 2020

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Judicial Council amends prior emergency rule to adjust land use litigation deadlines - Bullet Allen Matkins – May 29 - On May 29, 2020, the California Judicial Council amended its Emergency Rule 9 to provide fixed...more

Troutman Pepper Locke

NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

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The protection from ordinance changes, commonly known as “vested rights,” conferred by the grant of a final subdivision or site plan approval is one of the most important legal tenets of New Jersey’s Municipal Land Use Law...more

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