Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
Newsflash: Rockweed Not a Fish
Share on Twitter Share by Email Share Back to top On May 29, 2025, House Bill No. 3809 was signed into law by Texas Governor Greg Abbott. Born out of a crop of bills regulating renewable energy, including S.B. 388, S.B. 715,...more
In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more
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
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
House Bill 1525 has been introduced by Representative Steimel and Senator Irvin which would add a Subchapter 9 to Arkansas Code Title 18, Chapter 11, titled: Agricultural Impact Remediation Agreements....more
Two significant consultations opened at the end of last year, the first by the Government and the second by the Law Commission, seeking views on proposed changes to CPO law and process. In the first of this two part series,...more
The current housing crisis in Florida is well recognized. One promising solution is the use of surplus or under-utilized government-owned land for the development of new affordable housing. By leveraging their land holdings...more
The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the...more
First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this...more
In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property. That standard ignores the owners’ ‘subjective’ losses, such...more
When we take on an eminent domain case, our primary goal is to put our client in the best position possible. In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more
Budgets - The legislature passed record-setting budgets after working into the early hours of Friday morning. The House and the Senate met in a conference committee to reconcile their differences before the final passage...more
A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state...more
In an effort to preserve agricultural and forest land, Pennsylvania passed The Pennsylvania Farmland and Forest Land Assessment Act of 1974, also known as Clean and Green. Clean and Green provides qualified parcels of land...more
The Pennsylvania Fish and Boat Commission (the “Commission”) recently announced that it is looking for Pennsylvania landowners with stream frontages to enter into conservation easement agreements in exchange for a one-time...more
On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment. ...more
A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61...more
Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more
On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson...more
New stormwater requirements will cost property owners hundreds of millions of dollars - The House Committee on Corrections and Institutions received a primer this week on the history behind the 3-acre general permit,...more
In order to encourage the productive use of agricultural land in Florida, the Florida legislature enacted Section 193.461, Florida Statutes. This statute is frequently referred to as the “Greenbelt Law.” Agricultural...more
In a recent decision, Matter of Labate v DeChance, the Second Department held that a landowner could continue to use his property to store construction equipment, despite a zoning ordinance prohibiting that type of use....more
On December 17, the Supreme Court of Ohio held in Gerrity v. Chervenak that the circumstances of each respective case will control the efforts a surface owner must take before resorting to notice by publication under the...more
The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more
In perhaps a sign of the linguistic times, Appeals Court Justice James R. Milkey’s opinion in the case of Comstock v. Zoning Board of Appeals of Gloucester received more media coverage for certain racial history commentary...more