News & Analysis as of

Municipalities Takings Clause

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

Womble Bond Dickinson on

In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

Polsinelli on

In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

(ACOEL) | American College of Environmental...

Can Standing Trees Be Taken?

A recent Sixth Circuit decision holding unconstitutional a municipal tree ordinance that required mitigation or payment as a condition of tree removal has caused some consternation among municipal lawyers, who foresee the...more

Pierce Atwood LLP

Breaking: Mass. High Court Rules Municipality’s Acquisition of Prescriptive Easement Isn’t a Taking

Pierce Atwood LLP on

In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain...more

Bilzin Sumberg

Real Estate Developer Rights When Cities Demand Too Much

Bilzin Sumberg on

Land use & zoning attorneys, Stanley B. Price and Anthony De Yurre, discuss what real estate developer's rights are when the government demands too much, and where the line should be drawn according to both statute and case...more

Whitman Legal Solutions, LLC

Rent Control–Coming to a State Near You?

A violinist has control over the myriad of small decisions which add up to create a musical expression. But there are also things that the violinist doesn’t control. For instance, humidity can affect how the string and violin...more

Harris Beach PLLC

Rent Regulations, Tenant Protections Expand Beyond Big Apple

Harris Beach PLLC on

New York state has enacted the Housing Stability and Tenant Projection Act of 2019, providing for sweeping changes to rent and landlord/tenant laws with the stated purpose of protecting tenants while imposing new obligations...more

Fox Rothschild LLP

PA Court Allows Adverse Possession Claim Against Municipality

Fox Rothschild LLP on

The PA Commonwealth Court recently held that a claim of adverse possession could be brought against a municipality when the municipality’s only use of the property during the statutory period was to hold the property for...more

Clark Hill PLC

New Municipal Condemnations

Clark Hill PLC on

For the last several years, municipalities have been slow to engage in new projects that require the use of eminent domain due to budgetary restrictions. However, with the upturn in the economy that is resulting in new...more

Perkins Coie

Supplement — Curtin’s California Land Use

Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Miller Starr Regalia

“No Build” Condition On Shopping Center Property Is Compensable Regulatory Taking

Miller Starr Regalia on

The Court of Appeal has squarely held that a prohibition on development of a portion of a shopping center project site, in order to “bank” that property for possible future acquisition, was a temporary taking. (Jefferson...more

Womble Bond Dickinson

N.C. Court of Appeals Dismisses Municipal Takings Claim For Failing "Public Benefit" Standard

Womble Bond Dickinson on

Today, the N.C. Court of Appeals affirmed the dismissal of a takings case filed by a local government. The case is Town of Matthews v. Wright, No. COA14-943 (April 21, 2015)....more

Nossaman LLP

Update on Two Recent California Eminent Domain Cases

Nossaman LLP on

I wanted to provide a quick update on two recent cases from the California Court of Appeal. The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more

Nossaman LLP

Federal Court Halts Lender Underwater Mortgages Lawsuit Against Richmond

Nossaman LLP on

On September 12, the City of Richmond caught a small reprieve with respect to its plan to condemn underwater mortgages. As reported by Reuters, the federal district court ruled that the lawsuit filed by lenders Wells Fargo,...more

Sheppard Mullin Richter & Hampton LLP

Showdown in the Richmond: The City of Richmond Threatens Eminent Domain on Underwater Loans

BREAKING NEWS: In a contentious 4-3 decision and amid more than 300 community members on both sides of the issue, the City Council for the City of Richmond voted to continue pursuing its eminent domain plan in the early...more

Nossaman LLP

The City of Richmond Remains Undeterred in its Quest to Condemn Underwater Mortgages

Nossaman LLP on

Despite three major banks filing federal lawsuits against the City of Richmond last month related to its plan to condemn underwater mortgages, the City continues to press on. On Tuesday, the City voted 4-3 to continue its...more

Nossaman LLP

The City of Hayward Ready for an Eminent Domain Battle, Among Others...

Nossaman LLP on

In July, the City of Hayward passed several resolutions of necessity to acquire property for its Interstate 880 / State Route 92 Reliever Route Project. The Project will extend Whitesell Street to provide access to State...more

Nossaman LLP

City of Santee Set to Commence Eminent Domain Actions

Nossaman LLP on

The City of Santee's Prospect Avenue Widening Project is moving forward, and because the City has not been able to secure all the necessary right of way voluntarily, the City is now poised to condemn the remaining interests...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide