News & Analysis as of

Regulatory Takings Urban Planning & Development

Nossaman LLP

Condemning Replacement or Substitute Property to Mitigate Damages

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A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking.  As...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - May 2022, Volume I, Issue XIII

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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

Lowndes

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

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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

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

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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

Perkins Coie

Reclassification of Land From Urban to Agricultural Did Not Result in Unconstitutional Regulatory Taking

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The State of Hawaii Land Use Commission’s reversion of 1,060 acres from a conditional urban land use classification to the prior agricultural use classification was not an unconstitutional taking because the landowner could...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

Farrell Fritz, P.C. on

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

Hogan Lovells

CPO compensation – how much will the landowner get?

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If someone’s land is compulsorily acquired to deliver a public benefit, it is accepted that they should receive fair compensation. But what that “fair compensation” equates to, is far from straight forward....more

Pierce Atwood LLP

UPDATE: Mass. High Court Takes Plaintiff Out of Game, Upholds Boston’s Transfer to Red Sox of Easement Rights Next to Fenway Park

Pierce Atwood LLP on

In my post last week on Pishev v. City of Somerville, I mentioned that the Supreme Judicial Court (SJC) would be soon deciding another important urban renewal case, Marchese v. Boston Redevelopment Authority. It turns out...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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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

Nossaman LLP

Court Affirms Coastal Commission’s Consideration Of Takings Issues

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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

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