News & Analysis as of

State and Local Government Land Owners

Bilzin Sumberg

Leveraging Government-Owned Land for Affordable Housing

Bilzin Sumberg on

The current housing crisis in Florida is well recognized. One promising solution is the use of surplus or under-utilized government-owned land for the development of new affordable housing. By leveraging their land holdings...more

Ballard Spahr LLP

Five Things Every Office Building Owner (and Its Lender) Should Consider

Ballard Spahr LLP on

The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the...more

Lewis Roca

[Webinar] Decommissioning And End-Of-Life Considerations For Solar And Wind Projects - December 6th, 9:00 am PT

Lewis Roca on

First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this...more

Ackerman & Ackerman, P.C.

Why condemnors should pay property owners’ attorney fees in eminent domain cases (and a 50-state survey on the issue)

In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property.  That standard ignores the owners’ ‘subjective’ losses, such...more

Ackerman & Ackerman, P.C.

When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation

When we take on an eminent domain case, our primary goal is to put our client in the best position possible.  In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more

Maynard Nexsen

2023 Legislative Update: Regular Session Week Eleven

Maynard Nexsen on

Budgets - The legislature passed record-setting budgets after working into the early hours of Friday morning. The House and the Senate met in a conference committee to reconcile their differences before the final passage...more

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

Petroleum Aboveground Storage Tanks/Responsibility for Regulatory Compliance: Administrative Challenge Filed to Pennsylvania...

A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state...more

McNees Wallace & Nurick LLC

Clean & Green & Sometimes…Mean?

In an effort to preserve agricultural and forest land, Pennsylvania passed The Pennsylvania Farmland and Forest Land Assessment Act of 1974, also known as Clean and Green. Clean and Green provides qualified parcels of land...more

McNees Wallace & Nurick LLC

The Pennsylvania Fish and Boat Commission: Fishing for Landowners to Execute Conservation Easement Agreements

The Pennsylvania Fish and Boat Commission (the “Commission”) recently announced that it is looking for Pennsylvania landowners with stream frontages to enter into conservation easement agreements in exchange for a one-time...more

Roetzel & Andress

What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

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On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment. ...more

Perkins Coie

Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established...

Perkins Coie on

A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61...more

Perkins Coie

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Perkins Coie on

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more

Roetzel & Andress

Ohio Supreme Court Provides Guidance On Key Marketable Title Act Issue Regarding Preservation Of Severed Mineral Interests

Roetzel & Andress on

On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson...more

Downs Rachlin Martin PLLC

Vermont Legislative Update Week 6 | Government and Public Affairs

New stormwater requirements will cost property owners hundreds of millions of dollars - The House Committee on Corrections and Institutions received a primer this week on the history behind the 3-acre general permit,...more

Shutts & Bowen LLP

Florida’s Greenbelt Law: The Agricultural Classification of Land in Florida

Shutts & Bowen LLP on

In order to encourage the productive use of agricultural land in Florida, the Florida legislature enacted Section 193.461, Florida Statutes. This statute is frequently referred to as the “Greenbelt Law.” Agricultural...more

Farrell Fritz, P.C.

Second Department Reverses Denial of Existing Use Application, Holds Landowner Has Prior Nonconforming Use in Property for Storage...

Farrell Fritz, P.C. on

In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use....more

Steptoe & Johnson PLLC

Ohio Supreme Court Rules on DMA's Notice Requirements for Abandonment of Mineral Interests

Steptoe & Johnson PLLC on

On December 17, the Supreme Court of Ohio held in Gerrity v. Chervenak that the circumstances of each respective case will control the efforts a surface owner must take before resorting to notice by publication under the...more

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

Industrial Waste Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Whether "Maintenance" Constitutes "Use"

The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more

Pierce Atwood LLP

Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between...

Pierce Atwood LLP on

In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more

Greenbaum, Rowe, Smith & Davis LLP

Atlantic Richfield v. Christian: Despite Initial Concerns, SCOTUS Decision Does Not Open Floodgates for State Court Challenges to...

Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

Troutman Pepper on

On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Beveridge & Diamond PC

Public Duty Doctrine Applies when the Washington DNR Acts as a Fire Prevention and Suppression Agency

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On March 17, 2020, a Washington State Court of Appeals addressed the Washington Department of Natural Resources’ (DNR) roles as a landowner and a fire suppression agency in light of the enactment of RCW 76.04.016. See Schulz...more

Best Best & Krieger LLP

PublicCEO: BB&K Municipal Law Team Discusses New Public Agency Laws - Part 2

Land Use, Telecommunications, Environmental and More - As noted in Part I of this two-part series, California lawmakers passed a number of new laws last year that greatly impact how public agencies serve their...more

Farrell Fritz, P.C.

Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators

Farrell Fritz, P.C. on

In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s...more

Adler Pollock & Sheehan P.C.

Landowners And Businesses Beware: Under Newly Amended Rhode Island Law, A Legal Duty Of Care Now Extends To Those Exposed To Open...

Rhode Island landowners and businesses should be on notice that, over the summer (on July 15, 2019), the Rhode Island General Assembly amended the comparative negligence statute in this State, the effect of which offers...more

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