News & Analysis as of

Takings Clause Tenants

Allen Matkins

Sustainable Development and Land Use Update - 3.08.23 - #2

Allen Matkins on

A measure known as the “Builder’s Remedy” added to the state’s Housing Accountability Act in 1990 has suddenly become the focus of developers looking to bypass typical zoning rules and build high-rise apartment projects....more

Whitman Legal Solutions, LLC

Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more

Faegre Drinker Biddle & Reath LLP

Can Tenants Recover Damages in an Indiana Eminent Domain Case?

We get asked this question often. And, in true lawyer fashion, the answer is “maybe.” Before you roll your eyes (which you may have already done), hear me out. The answer is “maybe” because it depends on what the lease says...more

Bradley Arant Boult Cummings LLP

CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?

The Centers for Disease Control (CDC) recently issued a sweeping moratorium on most evictions through the end of 2020 as a means to stop the spread of COVID-19, which will go into effect on September 4, 2020. According to...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Whitman Legal Solutions, LLC

Rent Control–Coming to a State Near You?

A violinist has control over the myriad of small decisions which add up to create a musical expression. But there are also things that the violinist doesn’t control. For instance, humidity can affect how the string and violin...more

Harris Beach PLLC

Rent Regulations, Tenant Protections Expand Beyond Big Apple

Harris Beach PLLC on

New York state has enacted the Housing Stability and Tenant Projection Act of 2019, providing for sweeping changes to rent and landlord/tenant laws with the stated purpose of protecting tenants while imposing new obligations...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 3: Issues to Consider When Negotiating a Condemnation Clause in a Lease

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 2: Is the Condemnation Clause in Your Lease Going to Cost You?

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 1: What Are a Tenant’s Rights When the Government Condemns Leased Property?

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Perkins Coie

Federal Court Invalidates San Francisco Tenant Relocation Requirements

Perkins Coie on

The Northern District of California has struck down part of San Francisco’s rent control ordinance as an unconstitutional taking under the Fifth Amendment in Levin v. City and County of San Francisco, Dist. Court, ND...more

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