News & Analysis as of

Zoning Laws Property Owners

Keating Muething & Klekamp PLL

Ohio House Bill 113, 136th General Assembly, Regular Session

Ohio law empowers real property owners, acting collectively, to petition their local board of county commissioners to annex real property out of a township and into a municipality. If the subject property is less than 500...more

Jackson Walker

City of Dallas Eases Parking Mandates

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On Wednesday, May 14, 2025, the Dallas City Council approved sweeping changes to the minimum off-street parking requirements under the Dallas Development Code, a process that began in 2019. The City’s imposed off-street...more

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

Perkins Coie on

Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

Stikeman Elliott LLP

Province of Ontario Caps Inclusionary Zoning Requirements

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On May 12, 2025, the Government of Ontario amended the Inclusionary Zoning regulation under the Planning Act. These changes introduce clear upper limits on what municipalities can require under local Inclusionary Zoning...more

Nossaman LLP

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

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Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property?  This one is pretty simple:  the answer is no....more

Bilzin Sumberg

2025 Florida Live Local Act (SB1730) Passed: Updates and Impacts

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Senate Bill 1730 (“SB1730”) was passed by the legislature on May 1, 2025, and will become law on July 1, 2025, unless signed earlier or vetoed by the Governor. SB1730 amends critical portions of the Live Local Act in Fla....more

Houston Harbaugh, P.C.

Drawing the Line Somewhere

Houston Harbaugh, P.C. on

What Happens When a Parcel is Split Zoned?- Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more

McGuireWoods LLP

Court of Appeals Confirms Vested Rights Doctrine in Virginia

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On April 8, 2025, for the first time since its jurisdiction was expanded, the Court of Appeals of Virginia addressed in detail the doctrine of vested rights in the context of a zoning dispute in Board of Supervisors of Prince...more

Stark & Stark

Navigating Historical Preservation Laws: A Guide for New Jersey Businesses

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In a state with as rich a history as New Jersey, new business projects can quickly be sidetracked or delayed by rules meant to encourage historical preservation. New businesses must plan for potential delays when developing...more

Farrell Fritz, P.C.

Restrictive Covenants: The Devil Is in the Details…

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Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with...more

Tucker Arensberg, P.C.

Don’t Get Zoned Out of Your Second Amendment Rights   

Property owners may occasionally face challenges when municipalities interpret zoning ordinances in ways that could limit certain lawful activities. We recently represented a client in a case where the municipality sought to...more

Otten Johnson Robinson Neff + Ragonetti PC

Colorado House Bill 25-1169: An Affordable Housing Opportunity

In response to housing shortages throughout the state, Colorado legislators are proposing policy changes relating to affordable housing.  House Bill 25-1169 (“HB25-1169”) is one of the most significant bills proposed to date....more

Holland & Knight LLP

Zoning Change Allows Conversion of Ground Floor Nonresidential Uses to Residential Uses

Holland & Knight LLP on

As discussed in previous Holland & Knight alerts on Dec. 10 and Dec. 18, 2024, New York City recently made comprehensive changes to its Zoning Resolution, known collectively as City of Yes for Zoning for Housing Opportunity...more

Otten Johnson Robinson Neff + Ragonetti PC

Denver Adopts Modifications to Rezoning Approval Criteria and Public Notification Requirements

The Denver City Council (“City Council”) recently adopted the Advancing Equity in Rezoning Text Amendment (“Text Amendment”), which modifies the rezoning approval criteria and public notification and engagement requirements...more

Cozen O'Connor

Broad Street Brief: Council Begins Center City Sixers Arena Repeal Process

Cozen O'Connor on

City Council Begins Repeal of Center City Sixers Arena Legislation - During Thursday’s meeting, the City Council initiated the repeal of legislation for the since-abandoned Center City Sixers arena project. The Council also...more

Tarter Krinsky & Drogin LLP

Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights

Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

Seyfarth Shaw LLP on

On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Cranfill Sumner LLP

Navigating the Jury Trial in an Eminent Domain Case

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Navigating a jury trial in an eminent domain case can feel like a high-stakes gamble. The unpredictability and inherent risks make it a daunting process for both litigants and their counsel. That is why it is important to...more

Farrell Fritz, P.C.

Legislation Introduced Aiming to Prohibit Tax Exemptions for Not-for-Profit Properties in Violation of Zoning Laws

Farrell Fritz, P.C. on

On March 3, 2025, Senate Bill S584, sponsored by Sen. James Skoufis, was introduced to the NYS Senate during the 2025-26 NYS Legislative Session (the “Bill“). The Bill aims to amend paragraph (b) of subdivision 1 of section...more

Ward and Smith, P.A.

Owning Real Property Near Military Bases: Considerations for Buying, Selling, and Developing Land in an AICUZ

Ward and Smith, P.A. on

You have found the perfect spot for a new neighborhood, office complex, or retail center—only to discover it's within an Air Installations Compatible Use Zone (AICUZ). Suddenly, noise levels, building heights, and safety...more

McGuireWoods LLP

Arlington County Updates Administrative Regulation 4.1, Effective Mid- to Late March

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On Feb. 20, 2025, the Arlington County Manager approved a significant update to Administrative Regulation 4.1, which governs the submission and review process for most real estate development in Arlington County....more

Jones Day

Elephant and Castle Town Centre Redevelopment: Compulsory Purchase Order Confirmed

Jones Day on

On 7 January 2025, an Inspector confirmed the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order (No.2) 2023 (the "CPO")....more

DarrowEverett LLP

Legal Guidance Can Be Key in Navigating Rhode Island Land Use Matters

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Land use matters in Rhode Island are often challenging to interpreappt and navigate. In fact, the Ocean State is known for having among the most restrictive policies for zoning and land use control in the U.S. It’s not hard...more

Cranfill Sumner LLP

Just Compensation and Fair Market Value: Understanding Property Rights in Eminent Domain

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When the government exercises its power of eminent domain to take private property for public use, the U.S. Constitution requires it to provide “just compensation” to the property owner. But what does “just compensation”...more

Cranfill Sumner LLP

How Your Property Is Valued in an Eminent Domain Case

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Protecting Your Rights in Eminent Domain Cases - At our firm, we’re committed to ensuring the government doesn’t overstep its authority. Understanding the limits of the government’s eminent domain powers can give you...more

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