News & Analysis as of

Land Use Restrictions Subdivision

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

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

Farrell Fritz, P.C.

No Standing to Protect the Pine Barrens

Farrell Fritz, P.C. on

Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and...more

Troutman Pepper Locke

NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

Troutman Pepper Locke on

The protection from ordinance changes, commonly known as “vested rights,” conferred by the grant of a final subdivision or site plan approval is one of the most important legal tenets of New Jersey’s Municipal Land Use Law...more

Perkins Coie

No Subdivision of Williamson Act Land Unless Residential Development is Closely Associated With Agricultural Use

Perkins Coie on

The County of San Diego violated the Subdivision Map Act by approving residential development of land restricted to agricultural use under the Williamson Act when the development was neither closely related to nor necessary...more

Williams Mullen

Title Endorsement Basics

Williams Mullen on

Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more

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