News & Analysis as of

Land Use Restrictions

Tonkon Torp LLP

Landowner Immunity on Oregon Trails Now Permanent

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On May 28, 2025, Governor Kotek signed SB 179 into law, to be effective January 1, 2026. SB 179 makes permanent the temporary changes made to the Oregon recreational immunity law by SB 1576 in 2024, set to sunset on January...more

Holland & Knight LLP

California's Summer Blockbuster, Continued!: AB 130 and SB 131 Create Further Housing Reforms

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Assembly Bill (AB) 130 and Senate Bill (SB) 131, which became effective on June 30, 2025, are designed to bring sweeping change to California housing and infrastructure development across the state. Key provisions in the...more

Cozen O'Connor

Charter Amendments May Change NYC Council's Role in Land Use and Housing

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On July 21, 2025, the New York City Charter Revision Commission (CRC) voted to include five proposed amendments to the City Charter on this year’s New York City general election ballot, including measures that would expedite...more

Lowndes

Orange County Upholds Rural Boundary and Vision 2050 Plans Despite SB180 Concerns

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Orange County has voted not to repeal ordinances related to the County’s Rural Boundary/Rural Area, Lake Pickett Study Area, and Vision 2050/Orange Code. Despite concerns surrounding SB180, the Orange County Board of...more

Warner Norcross + Judd

Clearing the Past, Protecting the Future: A Strategic Guide to Michigan’s MRTA

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For family offices and high-net-worth individuals with longstanding real estate holdings in Michigan, recent developments under the Michigan Marketable Record Title Act (MRTA) merit close attention. Originally designed to...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

Allen Matkins

Challenging the Industrial Exodus: Legal Lessons from Santa Ana’s Planning Reboot

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The City of Santa Ana (City) has recently undertaken an ambitious — and highly controversial — effort to reshape the landscape of its historically industrial-centric Transit Zoning Code (TZC) district. Through the adoption of...more

Lowndes

Orange County BCC Adopted Vision 2050 and Orange Code on June 3, 2025

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Vision 2050 is a county-wide amendment to the state-mandated Comprehensive Plan. It was first transmitted to the state for comments by the Board of County Commissioners (BCC) on July 25, 2023. It was adopted on June 3 by a...more

Allen Matkins

Sustainable Development and Land Use Update 5.9.25

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The California Fish and Game Commission (Commission) held its second meeting on the Western Joshua Tree Conservation Plan (Draft Conservation Plan) on April 16, 2025. Though no formal action was taken, the Commission received...more

Partridge Snow & Hahn LLP

Short Term Rentals in Rhode Island: Municipality Restrictions and Subsequent Litigation

The legality and regulation of Short Term Rentals, which in some municipalities are defined as “guest house” or “transient guest facility” uses (“STRs”), has, with the explosion in popularity and use of hosting platform...more

Troutman Pepper Locke

New Executive Order Challenges State Climate Laws

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Challenging a slew of state climate-related laws and programs, President Trump’s April 8, 2025 executive order (EO) set the stage for more legal fights between the federal government and states. In the new EO, “Protecting...more

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

Pullman & Comley - For What It May Be Worth

Public Hearing on Connecticut Eminent Domain, Property Tax, Land Use Bills

On Monday, March 10, 2025, the Connecticut General Assembly’s Planning and Development Committee held a public hearing on the following eminent domain, property tax and land use bills of interest to the business community...more

Faegre Drinker Biddle & Reath LLP

What to Do When Facing a Government Taking: FAQs on Colorado Eminent Domain

You received a notice of intent or an offer to acquire your property from the government or a private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and...more

Allen Matkins

Sustainable Development and Land Use Update 12.16.24

Allen Matkins on

On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation...more

Womble Bond Dickinson

The North Carolina General Assembly's Partial Withdrawal of Zoning Authority Delegated to Local Governments

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Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more

Sands Anderson PC

Supreme Court Reverses While Affirming: A Caution Against Advisory Opinions

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Courts are supposed to decide only the necessary things. They’re supposed to avoid weighing in on issues that don’t need a decision. Those principles came to a head in the Supreme Court of Virginia last month in Rebh v...more

Womble Bond Dickinson

[Webinar] Data Center Legal Issues - December 18th, 11:00 am - 1:00 pm EST

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Join us for a Womble Bond Dickinson webinar tailored for private equity and data center professionals. Discover the latest legal insights and strategies to navigate the complex landscape. We will explore the critical legal...more

Lowndes

Update on Orange County’s Proposed Ordinance to Halt Certain Development Projects

Lowndes on

On October 29, 2024, the Orange County Board of County Commissioners approved a new ordinance that will temporarily suspend all comprehensive plan text and map amendments, rezonings, and special exceptions, but provides a...more

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

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

DarrowEverett LLP

[Webinar] Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale Agreements - October 30th, 9:00 am PT

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Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...more

Best Best & Krieger LLP

SB 450: Legislature Curtails Local Regulation of SB 9 Projects

Since January 1, 2022, SB 9 has required local agencies to allow any lot in a single-family residential zone to be: (1) split, roughly into halves, with resulting lots as small as 1,200 sf (termed an “urban lot split”); and...more

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

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As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more

Hinckley Allen

Easing Use Restrictions Opens Up Opportunities in Retail for Landlords and Tenants

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Use restrictions—once rigidly dictated by anchor tenants—are undergoing significant transformations leading to new opportunities for retailers and landlords. Historically, retailers wielded considerable influence, often...more

Sheppard Mullin Richter & Hampton LLP

City Council Approves City of Yes for Economic Opportunity, with Modifications

The New York City Council voted to approve a modified version of the City of Yes for Economic Opportunity (“COYEO”) text amendment, the second in a trio of City of Yes initiatives which aim to: (1) promote sustainability (the...more

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