News & Analysis as of

Land Use Restrictions Real Estate Development

Miller Nash LLP

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

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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

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

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

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

Smith Anderson on

In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more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

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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

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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

Venable LLP

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

Venable LLP on

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

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

Holland & Knight LLP on

The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Venable LLP

Two Northern Virginia Counties Are Tightening Their Data Center Regulations

Venable LLP on

Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial...more

Allen Matkins

Sustainable Development and Land Use Update 3.28.24

Allen Matkins on

On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more

Venable LLP

Fauquier County's Board Implements New Data Center Development Policy Guidance

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On December 14, 2023, the Fauquier County Board of Supervisors adopted policy guidance for data center development. The Data Center Development Policy limits where data centers can be established and regulates various aspects...more

Farella Braun + Martel LLP

[Event] CEQA Decoded: Practical Insights for Bay Area Professionals - February 22nd, San Francisco, CA

The CEQA process can be daunting, but being appropriately informed by a knowledgeable guide will create opportunity and cost savings throughout the life of a project. Participate in this dynamic discussion and gain insights...more

Stark & Stark

Navigating Commercial Real Estate Litigation in Pennsylvania

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Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog...more

Sullivan & Worcester

Zoning and Development Newsletter - January 2024

Sullivan & Worcester on

Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more

Brownstein Hyatt Farber Schreck

Surplus Lands Act Amendments: Public Agencies Get Clarity, Flexibility & Private Developers Take Note

Recent Legislation Amending the Surplus Lands Act Provides Clarity and Additional Flexibility to Public Agencies - Recently, Gov. Gavin Newsom signed Senate Bill 747 and Assembly Bill 480 into law to make common-sense...more

Brownstein Hyatt Farber Schreck

Debate on California Housing Bill Foreshadows Larger Fights to Come

Yesterday, Gov. Gavin Newsom signed SB 4, the Affordable Housing on Faith and Higher Education Lands Act of 2023, a highly anticipated bill to streamline affordable housing on land owned by religious institutions and...more

Dorsey & Whitney LLP

Uncertainty Looms: Minneapolis's 2040 Plan Hits (Another) Judicial Roadblock

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The month of September was a bad month for the City of Minneapolis’s 2040 Comprehensive Plan (2040 Comp Plan). On September 5, 2023, Minnesota’s Fourth Judicial District (Hennepin County) released a decision temporarily...more

Bowditch & Dewey

SJC Issues Decision Encouraging Broad Application of Dover Amendment Protections

Bowditch & Dewey on

In Hume Lake Christian Camps, Inc. v. Planning Board of Monterey, 492 Mass. 188 (2023), the SJC was tasked with deciding whether the Dover Amendment precluded the Town of Monterey from denying approval of a recreational...more

Brownstein Hyatt Farber Schreck

An Overview of Santa Barbara County’s Agricultural Enterprise Ordinance

The County of Santa Barbara’s proposed Agricultural Enterprise Ordinance would expand the range of activities on farms and ranches (all unincorporated lands zoned AG-II), and allow incidental food service at wine tasting...more

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