News & Analysis as of

Private Property

International Lawyers Network

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity,...

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more

Sands Anderson PC

Your Final Judgment Ain’t Necessarily So if You Forgot the Necessaries

Sands Anderson PC on

The Supreme Court of Virginia put on a little tutorial last week on the subject of “necessary parties” to a lawsuit. It’s a smart lesson and a useful reminder that when we try a case, we have to be careful to remember to...more

Jackson Lewis P.C.

Top Five Labor Law Developments for September 2021

Jackson Lewis P.C. on

1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 8, 2021

Carlton Fields on

Real Property Update - Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more

Jackson Lewis P.C.

Third-Party Access To Employer Property Under Court Scrutiny

Jackson Lewis P.C. on

When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person...more

Crowe & Dunlevy

Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout

Crowe & Dunlevy on

For most people, the knee jerk response to taking someone else’s private property for any reason is that it’s wrong. However, the legal concept of a government’s right to expropriate private property for public use, also...more

The Brown Firm

How to Handle a Car Accident on Private Property in Georgia

The Brown Firm on

If an accident occurs on the road, most people have a general idea of what to do. You call the authorities, exchange information, take a few pictures, and get medical attention. But if you’re involved in a car accident on...more

Shutts & Bowen LLP

Amendments to Florida's Private Property Rights Protection Act (“Harris Act”) take effect on October 1, 2021

Shutts & Bowen LLP on

The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...more

Smith Anderson

Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private Property

Smith Anderson on

A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more

Proskauer - Labor Relations

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04. In the GC’s memo, she identified a...more

Jackson Lewis P.C.

Third Time The Charm? NLRB To Revisit Rights Of Contractor Employee Access To Employer Property

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - September 2021

Joe Says “No.” Over the last several weeks, the Buzz has discussed congressional efforts to pass both a bipartisan “hard” infrastructure bill (this passed the U.S. Senate and is waiting in the U.S. House of Representatives),...more

Miller Starr Regalia

California Poised to Enact New Housing Production Laws Despite NIMBY Opposition

Miller Starr Regalia on

Despite hyperbolic and misleading criticism from various NIMBY groups, California is one step closer to important new state-level land use and housing reform. Contrary to bald statements that these bills would “crush”...more

Miller Starr Regalia

Supreme Court Issues Another Important Property Rights Decision

Miller Starr Regalia on

On June 28, 2021, the Supreme Court issued Pakdel v. City and County of San Francisco, 594 U.S. ____ (2021), a unanimous per curiam opinion vacating a ruling by the Ninth Circuit in favor of the City and County of San...more

Lowndes

​Governor DeSantis Signs Bill Reducing Burdens on Real Property Rights​

Lowndes on

On June 29, 2021, Governor DeSantis signed an amendment to the Bert Harris Act, CS/CS for HB 421 & HB 1101, making it easier for property owners to challenge local government regulation that burdens, restricts, or limits...more

Lowndes

Submerged Land Leases

Lowndes on

The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the Board of Trustees) is vested with title to all land lying under navigable waters within the State of Florida, which land is known as...more

Lowndes

What the Future May Hold for Land Developers and Local Governments: Relief from Burdens on Real Property Rights

Lowndes on

Local governments may face challenges as a new proposed legislation regarding relief from burdens on real property rights awaits the approval of Governor DeSantis. An amendment to the Bert Harris Act, CS/CS for HB 421 & HB...more

Husch Blackwell LLP

Eminent Domain As Climate Policy: From A Target To A Potential Tool For Expanding Renewable Energy Projects

Husch Blackwell LLP on

In order for renewable energy projects to gain traction on a larger scale in the United States, significant investments need to go into building the required underlying infrastructure, including a green sustainable grid...more

Miller Starr Regalia

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

Miller Starr Regalia on

In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

(ACOEL) | American College of Environmental...

A Property Right To Exclude Others: Cedar Point Nursery’s Implications For Regulatory Enforcement

The Supreme Court recently heard oral argument in Cedar Point Nursery v. Hassid (No. 20-107), a case that has generated considerable amicus participation and press coverage. In that case, union organizers, relying on a...more

Miller Starr Regalia

Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of...

Miller Starr Regalia on

During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a California regulation that allows union organizers to enter the private...more

Fox Rothschild LLP

A Change Afoot??

Fox Rothschild LLP on

Over the past six years, there has been growing support in Congress for stripping the Federal Aviation Administration of some of its authority over the lower levels of the national airspace system. For example, the FAA...more

Allen & Overy LLP

The Spanish Constitutional Court declares certain squatter-protection rules in Catalonia null

Allen & Overy LLP on

On 28 January 2021 the Spanish Constitutional Court published a ruling that declares null several articles of the DL 17/2019 on the basis, among others, that annulled provisions affect basic elements of the constitutional...more

Gray Reed

Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

Gray Reed on

Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. While that hypothetical...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

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