Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
There exist principles of law upon which most lawyers in a given field agree, but are more or less unstated by statutes or courts. These abound in certain corners of Oregon land use law and are rarely — if ever — contested. ...more
A central issue going to both the valuation of damages and the extent of a taking in eminent domain cases is whether the government or utility is required to take an entire parcel, beyond just a portion that may be required...more
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
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
Tune in to the latest episode of "Come and Take It: The Eminent Domain Podcast." Host Bobby Debelak sits down with Winstead Shareholder Thomas J. Forestier, a leading infrastructure and eminent domain attorney with 37+ years...more
Attention Multifamily Owners: SB 1211 (Skinner) was just signed into law last Thursday, September 19, 2024, which significantly expands multifamily ADU opportunities, effective January 1, 2025....more
In a July 17, 2024 Opinion, the Pennsylvania Supreme Court decided in AUUE, Inc. v. Borough of Jefferson Hills Zoning Hearing Board, No. 28 WAP 2022, ___ A.3d ___ (Pa. 2024), that the Pennsylvania Municipalities Planning Code...more
The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more
For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous...more
On April 24, 2024, a Los Angeles County Superior Court ruled that Senate Bill (SB) 9 does not apply to charter cities because it violates the authority granted to charter cities by the California Constitution to manage their...more
The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more
A troubling and confusing issue here in Pennsylvania concerns the ownership of oil and gas rights under roads and highways. For example, let’s assume Farmer Joe owned 115 acres in Greene County. In 1981, Farmer Joe sells...more
In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)....more
Montgomery County land developers face a myriad of challenges that can make or break their projects. From intricate zoning laws to community opposition, the road to successful development is replete with obstacles....more
On June 20, 2023, Governor Tony Evers signed 2023 Act 12 (“Act 12”) into law. Notably, Act 12 repeals Wisconsin’s personal property tax. The repeal takes effect on January 1, 2024 and eliminates the time-consuming and costly...more
Mediante la Resolución 1040 de 2023, el Instituto Geográfico Agustín Codazzi (IGAC) estableció una serie de medidas que determinarán en el futuro la forma en que se maneja la información catastral en Colombia y los mecanismos...more
The Hermosa Beach City Council unanimously approved its Housing Element, which now must be submitted to the state Department of Housing & Community Development for certification. The state has said Hermosa Beach must build...more
California’s Subdivision Map Act (“SMA”) governs the legal subdivision of property in California. The SMA’s approval process is familiar to most developers. The statute’s purpose is to ensure orderly and coordinated...more
San Francisco leaders have a new plan to make it easier for developers to convert office buildings to housing downtown and in swaths of SoMa and Union Square....more
This is a familiar yet troubling question. Imagine you own 135 acres in Washington County. You have received offers from several oil and gas drillers but have not yet signed a lease. Your neighbor, however, did sign a lease...more
As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each...more
In a prior post from 2020, Money and Dirt covered an opinion from California’s Fourth Appellate District holding that an Assessor’s Parcel Number (APN), by itself, “does not necessarily demonstrate the actual, physical...more
Land in Florida continues to be rapidly developed due to the economic growth still taking place in the state. The housing market currently remains strong, and new residential developments (both apartments and single-family...more
A trespass by way of encroachment occurs when a building, structure, or other “thing” (as opposed to person or animal), goes beyond the boundaries of the owner’s land onto adjoining land without the permission or consent of...more
[Updated] The North Dakota Supreme Court will hear oral arguments on Thursday to consider who owns the right to the porous spaces within subsurface rock formations. The issue is over Senate Bill 2344, passed by the...more