News & Analysis as of

Land Use Restrictions

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Seeks Public Comment on Proposed Revisions to Resilient Environments and Landscapes (REAL) Rules

What You Need to Know - • The NJDEP has issued “substantial changes” to New Jersey’s Resilient Environments and Landscapes (REAL) proposed rules, seeking to modernize the state’s coastal flood safety and land resource rules...more

Stoel Rives - Renewable + Law

Klickitat County, Washington Proposes New Ordinance Severely Restricting Solar and Battery Energy Storage System (BESS)...

Klickitat County, Washington has proposed a new land use ordinance that, if passed, would impose sweeping restrictions on nearly all solar and battery energy storage system (BESS) development in the county. The ordinance,...more

Patton Sullivan Brodehl LLP

Are “Common Law Dedications” of Private Property to the Public Extinct?

A “dedication” is an uncompensated transfer of an interest in private property to the public. Dedications can occur pursuant to statute or common law. Statutory dedications follow the path set forth in the Subdivision Map...more

Miller Nash LLP

2025 Washington Growth Management Act and Housing Laws - At a Glance

Miller Nash LLP on

2025 saw a number of Growth Management Act (GMA) and housing related bills in Washington, which are particularly relevant as planning counties and cities are in the middle of preparing their comprehensive plan updates and as...more

Goulston & Storrs PC

Zoning Permits May Last Longer Than Expected Under Extension Acts

Goulston & Storrs PC on

Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield, 105 Mass. App. Ct. 518 (2025) - Palmer involved a dispute concerning the so-called “Permit Extension Act,” passed by the Massachusetts Legislature (the...more

Holland & Knight LLP

Georgia Legislative Session Brings Changes to Code Affecting Commercial Real Estate

Holland & Knight LLP on

During the 2025 legislative session, the Georgia General Assembly passed several amendments to existing legislation that may affect clients' commercial real estate interests or compliance with local regulations. Following is...more

Otten Johnson Robinson Neff + Ragonetti PC

National Zoning Atlas: Colorado Report Updated

The National Zoning Atlas (NZA) team is digitizing, demystifying, and democratizing information about zoning conditions in more than 33,000 jurisdictions in the United States.  Fully comprehending the zoning conditions of a...more

Lerch, Early & Brewer

City of Gaithersburg Launches “Build Gaithersburg 2040” Master Plan Update

Lerch, Early & Brewer on

Earlier this year, Gaithersburg commenced an initiative called “Build Gaithersburg 2040” to update the city’s master plan. The update focuses on two key master plan elements – land use and transportation....more

Schwabe, Williamson & Wyatt PC

OP-ED: Clarification of ‘Lawfully Established Units of Land’ in Oregon

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

Akerman LLP

New York City Council Approves Midtown South Mixed-Use Plan

Akerman LLP on

After securing the approval of the Zoning and Franchises Subcommittee, as well as the Land Use Committee of the New York City (NYC) Council on August 6, 2025, the full NYC Council voted on August 14, 2025, to approve the...more

Falcon Rappaport & Berkman LLP

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more

Lowndes

State Finds Vision 2050 to Be Void Ab Initio

Lowndes on

On July 28, 2025, the Florida Department of Commerce issued a letter to Orange County finding its Comprehensive Plan Amendment implementing Vision 2050 void ab initio, or invalid from the beginning....more

Tonkon Torp LLP

Landowner Immunity on Oregon Trails Now Permanent

Tonkon Torp LLP on

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

Holland & Knight LLP on

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

Cozen O'Connor on

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

Lowndes on

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

Warner Norcross + Judd on

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

Shutts & Bowen LLP

Live Local Act Amendment

Shutts & Bowen LLP on

The Governor has signed into law Senate Bill 1730 (“SB 1730”), which amends the Live Local Act (the “Act”). SB 1730 takes effect July 1, 2025....more

Allen Matkins

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

Allen Matkins on

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

Lowndes on

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

Allen Matkins on

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

Troutman Pepper Locke on

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

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