News & Analysis as of

Flooding Real Estate Transactions

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

Water/Aquifer: California Appellate Court Addresses Whether Captured Flood Waters Constitute Personal Property

A California Court of Appeal (Fifth District) (“Court”) addressed in a March 14th Opinion whether water in an aquifer could be personal property. See Sandton Agriculture Investments III, LLC, v. 4-S Ranch Partners, LLC, 2025...more

Clark Hill PLC

Recent Changes to Illinois Real Estate Law Affecting Landlords, Tenants in 2025

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2025 brought over 300 changes to the laws of the State of Illinois. Some of these new laws impact the relationship between landlords and tenants and also impose further restrictions on condominium associations. At the start...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

Holland & Knight LLP on

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

BCLP

Climate Change Due Diligence for Real Estate Acquisitions

BCLP on

By 2050 rising sea levels will exacerbate episodic storm surges and inundate an estimated 87,000 square kilometers (21.5 million acres) of coastal areas worldwide, exposing $1.7 trillion of real estate to catastrophic damage....more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

Genova Burns LLC on

Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Imposes New Flood Hazard Disclosure Requirements on Sellers and Landlords

The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more

Farrell Fritz, P.C.

Disclosure Revolution: Legislation Makes Property Condition Disclosure Statements Mandatory, Adding Flood Risks, and Waving...

Farrell Fritz, P.C. on

On September 22, 2023, Governor Kathy Hochul signed legislation (A.1967/S.5400) amending the Property Condition Disclosure Act (“PCDA”), which effectively eliminates a seller’s option to provide a residential homebuyer with a...more

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