News & Analysis as of

Private Property Real Estate Development

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Nossaman LLP

California Trial Court Clarifies When Coastal Property Owners Are Entitled to Seawall Protection Under the Coastal Act

Nossaman LLP on

In a recent California trial court decision, Casa Mira Homeowners Association v. California Coastal Commission (Casa Mira), the court added another significant page in the decades-long debate over which coastal properties are...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

Miller Starr Regalia

Amy Coney Barrett and Property Rights

Miller Starr Regalia on

Judge Amy Coney Barrett was nominated, for a reason, to replace the late Justice Ruth Bader Ginsburg as an Associate U.S. Supreme Court Justice. As other commenters have noted, a Justice Barrett is expected to move the Court...more

Hogan Lovells

Private Property? Court of Appeal says that being overlooked is not a nuisance

Hogan Lovells on

The Court of Appeal has handed down judgment in the case of Fearn & Others v The Board of Trustees of the Tate Gallery, concerning a dispute between the Tate Modern gallery and its residential neighbours over the Tate’s...more

Kramer Levin Naftalis & Frankel LLP

Changes to Signage and Seating in Privately Owned Public Spaces

The City Council recently adopted a zoning text amendment that updates public space signage and seating regulations at privately owned public spaces (POPS)....more

Nossaman LLP

Mojave Air & Space Port to Use Eminent Domain if Negotiations Fail to Lift Off

Nossaman LLP on

Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...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

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

Nossaman LLP on

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Carlton Fields

Climate Change Ate My Property

Carlton Fields on

As the state with the second longest coastline (8,436 miles) and the second largest number of islands (about 4,500 that are 10 acres or larger), Florida is certain to experience significant impacts from rising sea levels due...more

Nossaman LLP

Sea-Level Rise, Managed Retreat, and Eminent Domain in California

Nossaman LLP on

Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week.  If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings...more

Hogan Lovells

Motive Matters … Can land owners rely on redevelopment plans to resist Code rights?

Hogan Lovells on

It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install...more

Nossaman LLP

Court Holds Agency Appraiser Not Required to Identify Specific Damages When Outweighed by Project Benefits

Nossaman LLP on

In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

Bilzin Sumberg on

In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a...more

Nossaman LLP

When Can The Government Physically Occupy Property Without Facing Inverse Condemnation Liability?

Nossaman LLP on

When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more

Bilzin Sumberg

El Tribunal de Apelaciones del Cuarto Distrito de Florida determina que el gobierno infringió los derechos del urbanizador...

Bilzin Sumberg on

En un fallo significativo, el Tribunal de Apelaciones del Cuarto Distrito de Florida en el caso de Ocean Concrete, Inc. contra Indian River County determinó que el gobierno infringió los derechos establecidos en la Ley Bert...more

Nossaman LLP

When Proposed Public and Private Projects Collide

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

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