Assume that Owner A deeds to Buyer B real property in Texas via a special warranty deed that contains the following provision: The property shall be used exclusively for XYZ purposes. In the event said property should...more
It is not unusual to find mineral reservations in the chain of title to real properties located in Florida. When the State of Florida first conveyed title to state owned lands, it was customary for the state to reserve an...more
Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The...more
When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more
Union officials come on to a construction site arguing that they don't need to comply with Right of Entry laws because they are there to look after a safety concern. You try to get a clear picture of the legal basis of their...more
Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 2 of a two-part series listing ten important rights and responsibilities every...more
When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more
As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more
Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more
Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more
For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more
As we await the California Supreme Court’s decision in the Property Reserve case (see related posts here and here), many government agencies are faced with the question of what they will do if the justices deem the current...more
Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more
The California Supreme Court announced today that the Property Reserve case will be heard on May 3, 2016, at 9:00 a.m. in San Francisco. (I’m assuming this is not an April Fool’s joke, since eminent domain attorneys have...more
Eminent domain practitioners have been waiting for nearly two years for the Supreme Court to issue its decision in Property Reserve v. Superior Court. At issue is the constitutionality of California’s “Right of Entry”...more
For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more