News & Analysis as of

Urban Planning & Development Preemption

Bilzin Sumberg

Live Local Act Glitch Bill

Bilzin Sumberg on

As expected, within days of the opening day of the 2024 Legislative Session came two proposed “clarification glitch” bills containing several proposed amendments to the Live Local Act.  Senate Bill 328, sponsored by Senator...more

Burr & Forman

Live Local Act Makes It Easier to Develop Affordable Housing in FL

Burr & Forman on

Background - On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act (“LLA” or “Act”), into law, representing a large investment for housing efforts, one of the largest in...more

Winstead PC

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

Winstead PC on

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the...more

Akerman LLP

Florida Live Local Act

Akerman LLP on

On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102 (the Act), otherwise known as the Live Local Act, into law. The Act becomes effective on July 1. This broad-ranging legislation is intended to incentivize the...more

Bilzin Sumberg

New Florida Law to Turbocharge Affordable Housing Development

Bilzin Sumberg on

Governor Ron DeSantis signed into law Senate Bill 102 (“Live Local Act” or the “Act”) on March 28, 2023. The majority of the Live Local Act will go into effect on July 1, 2023, with certain provisions pertaining to tax...more

Holland & Knight LLP

California's Pro-Housing State Legislation Prevails Over Local Voter Measures

Holland & Knight LLP on

As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more

Farrell Fritz, P.C.

Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

Farrell Fritz, P.C. on

On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”)...more

Perkins Coie

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

Perkins Coie on

The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing...more

BCLP

Municipal Pre-emption Rights under the German Building Code

BCLP on

What is this all about? Recent speculation on development land and residential area scarcity are no longer solely in the realm of experts. The general public has also been increasingly focused on the application of...more

Holland & Knight LLP

STB Finds Arkansas City's Effort to Create New At-Grade Rail Crossing is Pre-empted

Holland & Knight LLP on

The Surface Transportation Board (STB) has found that efforts by the city of Ozark, Ark., to force the reinstallation of a highway-rail at-grade crossing are pre-empted by federal law....more

Best Best & Krieger LLP

Billboards in Unincorporated Areas of California Subject to City, County Regulations

Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more

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