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Nossaman LLP

When Restorative Waters Meet Flying Projectiles: Inverse Condemnation Claims in Ukiah

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The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

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In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Nossaman LLP

California Court of Appeal Confirms Legislatively Enacted Development Impact Fee

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In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

McGuireWoods LLP

Texas Supreme Court Rules Produced Water Is Oil-and-Gas Waste, Further Disputes Foreshadowed

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On June 27, 2025, the Supreme Court of Texas issued an opinion in a closely watched case addressing the ownership of produced water — the byproduct of drilling, fracking and formation fluids. In Cactus Water Services v. COG...more

Rivkin Radler LLP

July 2025 New York Insurance Coverage Law Update

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A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee...more

Nossaman LLP

Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability

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Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more

Whiteford

Client Alert: Emotional Support Animals in Community Associations: Balancing Fair Housing Obligations with Resident Expectations...

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For community associations, few issues require more careful balancing of the individual rights of owners and the collective community interests than accommodation requests for emotional support animals (“ESA”). Under the...more

Foley & Lardner LLP

Texas Enacts Critical Real Estate Reforms—Senate Bills 15, 17, 840

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Share on Twitter Print Share by Email Share Back to top Prior to his June 22, 2025, deadline, Texas Governor Greg Abbott signed into law hundreds of bills passed by the Texas Legislature. Three of these, Senate Bills 15, 17,...more

Mayer Brown

Legal Developments in Construction Law: July 2025

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1. UNFIT FOR HABITATION UNDER THE DPA? HOW DOES THE COURT WORK OUT THE DAMAGES? The Defective Premises Act may be 53 years old but it has received particular attention in recent years, notably following its makeover by...more

Partridge Snow & Hahn LLP

Rhode Island Approves 63% Increase in Real Estate Conveyance Tax in 2026 Budget

On June 17, 2025, the Rhode Island House of Representatives approved the state’s $13.9 billion budget for FY 2026, which includes a substantial 63% increase in the real estate transfer (conveyance) tax. Effective July 1,...more

McGinnis Lochridge

When $180 Million Rides on an Expert's Supplementation Decision

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$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more

Ballard Spahr LLP

Oregon Repeals Statewide Wildfire Hazard Map and Mitigation Requirements

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Following outcry from rural Oregon property owners faced with stricter building codes and fewer insurers willing to write fire policies, Governor Tina Kotek has signed two measures to address wildfire risks in the state. One...more

Phelps Dunbar

Florida Legislature Tightens Land Use Regulations with Senate Bill 1080

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Senate Bill 1080 (SB 1080) makes several pro-property rights changes to Florida Statutes that affect local governments’ ability to regulate land use. The bill amends the application and approval process for development...more

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

Oliva Gibbs

A river ran through it: State v. Riemer and what happens to the mineral rights when the water runs dry

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Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more

Mayer Brown

A Bolt From the Blue: Upwards - Only Rent Reviews to Be Outlawed

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INTRODUCTION - Just as we were winding down for the summer, the commercial property industry was shocked by the announcement that the government has unexpectedly decided to seek to ban upwards only rent reviews (“UORR”)....more

Best Best & Krieger LLP

What's Changed: Davis‑Stirling Common Interest Development Act Under AB 130

California’s Assembly Bill 130 (“AB 130”), enacted June 30, 2025, introduces significant amendments to the Davis‑Stirling Common Interest Development Act (“Davis-Stirling”), specifically affecting enforcement provisions under...more

Bennett Jones LLP

Lines in the Sand: A Case of Adverse Possession from Cottage Country

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Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property...more

Lowndes

Land Condominiums: A Powerful Tool for Accelerated Development and Financing Flexibility

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As developers navigate increasingly complex regulatory, financing, and entitlement environments, flexible legal structures that align with both zoning and capital markets are more essential than ever. One such underutilized...more

Nossaman LLP

Condemning Land Already Put to a Public Use – More Necessary Public Use Doctrine

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Periodically, a new public project needs to acquire land that is already put to an existing public use. In order to condemn such land, the condemning entity must demonstrate that the proposed use is either a compatible use or...more

Ballard Spahr LLP

Navigating the New Philadelphia Real Estate Landscape: Recent Legislative Changes Affect Development and Zoning

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In the last legislative session, the Philadelphia City Council passed several significant bills affecting real estate development and zoning, which are important for property owners and developers to understand....more

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

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State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting...more

Partridge Snow & Hahn LLP

Massachusetts Regulation Prohibits Sellers from Accepting Offers with Preemptive Inspection Waivers

Effective October 15, 2025, Massachusetts has adopted new home inspection regulations under 760 CMR 74.00 that prohibit sellers from accepting residential real estate offers containing preemptive inspection waivers, or...more

Weintraub Tobin

CRE Alert: California Case Law Changes Requirements for Three-Day Notices

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The recent California appellate court decision Eshagian v. Cepeda has added a new requirement to the already detailed rules surrounding Three-Day Notices—documents landlords must serve before initiating eviction proceedings....more

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