News & Analysis as of

Private Property

Time to crack the Code: the new Telecoms Code comes into force on 28 December

by Hogan Lovells on

Earlier this year, we blogged about the new Electronic Communications Code and the impact the changes would have for equipment installed by approved telecoms operators on private land. It has been announced today that the...more

When Proposed Public and Private Projects Collide

by Nossaman LLP on

Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

Supreme Court Hears Oral Arguments in Oil States Regarding Constitutional Challenge to Inter Partes Review

We first covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017), a case with the potential to substantially alter the patent litigation landscape,...more

Supreme Court Hears Argument in SAS Institute, Inc. v. Complementsoft, LLC

Perhaps overlooked in the widespread assessments of the Supreme Court's questioning of the parties in Oil States Energy Services, LLC. v. Greene's Energy Group, LLC is the argument before the Court in SAS Institute, Inc. v....more

Is a Patent a Private or Public Right? -- Supreme Court Hears Oral Arguments in Oil States Energy Services, LLC. v. Greene's...

Leading up to the Supreme Court oral argument for Oil States Energy Services, LLC. v. Greene's Energy Group, LLC on November 27, 2017, there was a lot of discussion regarding whether patents were a private or public right. ...more

Knock, Knock… Who’s There And Do I Have To Let You In?

by Seyfarth Shaw LLP on

Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The...more

Court Issues New Opinion on Regulatory Takings and “Klopping” Damages

Inverse condemnation is the flip-side of eminent domain. With eminent domain, a public agency files a lawsuit to condemn (takes ownership of) a particular property interest and must pay the owner “just compensation.” With...more

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or...more

November 2017: Seven Supreme Court Cases to Watch This Term

Justice Neil Gorsuch began his first full Term on the Supreme Court this October, with court-watchers eagerly anticipating which cases the Supreme Court will take and waiting to see how Justice Gorsuch will affect the...more

Oil States Preview Take II -- Just What Did the Supreme Court Hold in McCormick Harveting Machine v. Aultman?

Last week, we provided a preview of the Supreme Court case Oil States Energy Services, LLC. v. Greene's Energy Group, LLC. that will be argued on November 27, 2017. The underlying case has received a lot of attention, so it...more

District Court Denies Motion to Stay Pending Supreme Court Decision in Oil States

In June, we covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017). The Court will decide whether inter partes review – an adversarial process...more

Podcast Episode 11 - Damaging Clauses with Professor Maureen "Molly" Brady

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 11, Professor Molly Brady from the University of Virginia joins us to discuss damaging clauses and her recent law review article. She has...more

Murr Epilogue: Wisconsin Lawmakers Pass “Homeowners Bill of Rights,” Effectively Reversing Flawed U.S. Supreme Court Decision

by Miller Starr Regalia on

Early last summer the U.S. Supreme Court released its long-awaited, and deeply flawed decision in Murr v. Wisconsin, __ U.S. __ (2017). We wrote about this unfortunate new takings case here and in “Missed Opportunity In...more

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

by Farrell Fritz, P.C. on

In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon  (“Lot 18”) against trespassers.  The landowner sought to erect crash...more

Oil States Energy and SAS Institute: SCOTUS to Review Inter Partes Reviews

by Revision Legal on

As we recently discussed with respect to the proposed STRONGER Patents Act of 2017, legal debate continues to swirl around inter partes reviews. The US Supreme Court has entered the ring recently by accepting certiorari on...more

White House Orders DOT to Establish a UAS Integration Pilot Program

This week, the White House issued an anticipated Memorandum directing the Department of Transportation (DOT) to establish the Unmanned Aircraft Systems (UAS) Integration Pilot Program (the “Pilot”). The Memorandum suggests a...more

When is it illegal to hold private and public property interests in Singapore - Avoiding legal issues around concurrent ownership...

by Dentons on

Family or friends jointly investing in real property often begin with the best intentions. However, without clear agreements, these deals may end up in lengthy (and costly) disputes. Further complications may occur especially...more

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

by Miller Starr Regalia on

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

“Trespass is Fine with Us” sayeth the 10th Circuit

by Clark Hill PLC on

Free speech is a cherished constitutional right although not at Berkeley, it seems. Our courts usually bend over backwards to protect it. Over the years, the term “speech” has been stretched to cover not just the spoken word...more

Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

by Burr & Forman on

Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to...more

Wyoming Law Criminalizing Crossing Private Property to Collect Resource Data Regulates the “Creation” of Speech

In an unusual case, Western Watersheds Project, et al v. Michael, Attorney General of Wyoming, decided on September 7, 2017, the U.S. Court of Appeals for the Tenth Circuit reversed the District Court’s decision upholding...more

Sixth Circuit Balances Rights of Forest Service and Rights of Private Property Owners Provided by Michigan Law

Balancing the interests of the Federal Government as owner of thousands of acres surrounding Crooked Lake and private owners’ rights, on July 26, in a 2 to 1 ruling, the U.S. Court of Appeals for the Sixth Circuit ruled that...more

California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public

In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among California courts on the topic of “implied dedication” of private property to...more

Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States

by Jones Day on

On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, to decide whether inter partes review (IPR) violates the Constitution by extinguishing patent rights...more

Supreme Court Develops New Multifactor Balancing Test to Determine What Constitutes a “Larger Parcel” in Regulatory Takings Cases

by Nossaman LLP on

Last week, the United States Supreme Court in Murr v. Wisconsin issued a key regulatory takings decision which creates a new multifactor balancing test to determine whether two adjacent properties with single ownership could...more

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