Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
More Emerging Litigation Claims and Demands from COVID-19
Regulatory Takings and Executive Power to Seize Property
Real Estate Developer Rights When Cities Demand Too Much
[WEBINAR] Planning in the Coastal Zone
On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more
In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)....more
CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the...more
CASES OF NOTE - SIMILAR PROJECTS, DIFFERENT DECISIONS - Brossi, et al. v. Town of Grafton Planning Board, et al., No. 19 MISC 000551 (MDV), 2021 WL 5833935 (Mass. Land Ct. Dec. 9, 2021) - The Massachusetts Land...more
The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward. The property owner (the “Owner”) owned a 53,645-square-foot parcel of property (the “Property”) along New York State Route 347...more
Yes, but the sea might beat them to it. In 2015, the California Coastal Commission adopted the Sea Level Rise Policy Guidance. This Guidance document discusses a number of potential measures for responding to sea level rise,...more
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
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
In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more
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
Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more
On Tuesday, the Massachusetts Appeals Court denied a regulatory takings claim brought by a plaintiff whose development plans for her property in Falmouth were denied by the Falmouth Conservation Commission. Plaintiff’s...more
A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more
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
The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more
The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more
In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City) decision to subject a coastal development permit...more
When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more
For those of you who have followed Nossaman’s eminent domain blog since the very early days, you’ll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. ...more
When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. ...more
As we’ve seen all too many times in California, when local municipalities delay development approvals — even improperly — courts are reluctant to find liability under an inverse condemnation cause of action and award...more
Under the California Coastal Act, a beachfront property owner must maintain public access over his property — and will be required to seek a Coastal Development Permit if he wishes to limit such public access, a California...more
This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more
This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation for regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more