News & Analysis as of

Regulatory Takings Municipalities

Cozen O'Connor

Hurricane Harvey Litigation Update: Conflicting Opinions Spur Trial on Damages and Appeal

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Litigation arising out of Hurricane Harvey (Harvey) has been ongoing since the first lawsuit was filed within days of Harvey making landfall on August 25, 2017, inundating Houston with an unprecedented amount of rainfall and...more

Farrell Fritz, P.C.

Short-Term Rental Law Survives Regulatory Taking Claim

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For the last several years, municipal governments across Long Island, and beyond, have been taking action to control or outright ban short-term rentals in their communities. Inevitably, these efforts have met opposition from...more

Best Best & Krieger LLP

Takings Claim Fails on “Ripeness” Grounds

Ninth Circuit Decision in Apartment-Condominium Conversion Program Dispute - Property owners who claimed the City and County of San Francisco’s apartment-to-condominium building conversion program’s lifetime lease...more

Farrell Fritz, P.C.

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

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BANG! Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more

Bilzin Sumberg

Real Estate Developer Rights When Cities Demand Too Much

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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

Obermayer Rebmann Maxwell & Hippel LLP

Whose Land is it Anyway? Pennsylvania Supreme Court rules that Municipalities are Now Subject to Claims for Adverse Possession

In cities and towns across Pennsylvania, it is familiar story - a Good Samaritan homeowner, fed up with overgrown weeds and accumulation of old tires and televisions, decides to clean up a neighboring lot which belongs to an...more

Nossaman LLP

Government’s Property Regulation Terminating Cannabis License is Not a Taking

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It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...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

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Best Best & Krieger LLP

[WEBINAR] Planning in the Coastal Zone

This webinar discusses the responsibilities and authorities of local governments under the California Coastal Act, including the preparation of a Local Coastal Program and amendments and the issuance of coastal development...more

Genova Burns LLC

Municipalities Must Demonstrate “Necessity” Linked to a Redevelopment Project to Condemn

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The New Jersey Appellate Division reversed a decision allowing the Borough of Glassboro to condemn property just because it was part of a “Redevelopment Area” and has been since 2000. In Borough of Glassboro v. Grossman....more

Best Best & Krieger LLP

Ninth Circuit Gives Cities Boost in Regulating Rent Increases - Limitations on Rent Increases Imposed by Cities Not Considered a...

City governments’ broad powers to enforce rent control and other regulations — even if that results in lower profits for landlords — were reinforced in a recent opinion from the U.S. Ninth Circuit Court of Appeals. ...more

Nossaman LLP

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

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The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

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