News & Analysis as of

Takings Clause Commercial Leases

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

BakerHostetler

Does a Governmental Order Requiring that Businesses Close to Prevent the Further Spread of COVID-19 Amount to a Regulatory Taking...

BakerHostetler on

As governmental agencies issue mandates regarding COVID-19, many commercial tenants have been forced to shut down. To obtain relief, such as a rent abatement, a tenant could potentially argue that such governmental action...more

Nossaman LLP

Court Decision Serves as Important Reminder on Crafting Lease Condemnation Provisions

Nossaman LLP on

When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding. As a result, many times the condemnation provision in the lease is given little...more

Nossaman LLP

Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

Nossaman LLP on

Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

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