News & Analysis as of

Property Owners Critical Infrastructure Sectors

Ackerman & Ackerman, P.C.

Condemnation of Property Left Without Value or Utility: Total Takings Under Remnant Property Statutes

A central issue going to both the valuation of damages and the extent of a taking in eminent domain cases is whether the government or utility is required to take an entire parcel, beyond just a portion that may be required...more

Ballard Spahr LLP

Multifamily June 2025 Alert

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As spring begins to give way to summer, legislative activity shows no signs of cooling off. Our May TOPA Alert generated many questions and comments and a further update on the pending TOPA reform legislation is included...more

Morris, Manning & Martin, LLP

The Most Beautiful Word? What to Expect from, and How to Prepare for, President-Elect Trump's Proposed Tariffs

With the presidential election in the rearview mirror, a new administration incoming, and a new year on the horizon, it's natural to wonder what 2025 may bring. In a speech to the Economic Club of Chicago on October 15, now...more

Nossaman LLP

Development Plans and Permitting Efforts Help Ripen Regulatory Takings Claims

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Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more.  A few individuals...more

Nossaman LLP

Zoning Activities Are Not Protected Speech

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When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2023-June 30, 2023

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UNITED STATES UPDATES - Arkansas- City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)- Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater...more

Holland & Knight LLP

Proposed Rules Interpret Florida Law Limiting Foreign Persons from Acquiring Real Property

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The Florida Department of Commerce (Department) on Sept. 20, 2023, published proposed rules interpreting Florida's law limiting "foreign principals" from "foreign countries of concern" – China, Russia, Iran, North Korea,...more

Roetzel & Andress

Criminal Penalties in Florida for Failing to Provide Affidavit about Foreign Entities at Closing

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Effective July 1, 2023, new Florida legislation (FL SB264) prohibits the purchase of Florida agricultural lands and land within 10 miles of military bases or critical infrastructure by foreign principals from China, Cuba,...more

Holland & Knight LLP

Florida Law Limits Persons from Foreign Countries of Concern from Acquiring Real Property

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Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or...more

Nossaman LLP

Railway Fails to Establish Right to Use Eminent Domain

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In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more

Nossaman LLP

On-Demand Webinar | Living on the Edge: Managing Sea Level Rise in California

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With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more

Nossaman LLP

[Webinar] Living on the Edge: Managing Sea Level Rise in California - May 27th, 11:00 am - 12:00 pm PT

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With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more

Nossaman LLP

On-Demand Webinar | Eminent Domain in 2020: A Year in Review

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While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward. On February 11, 2021, Nossaman's Eminent Domain &...more

Nossaman LLP

[Webinar] Eminent Domain in 2020: A Year in Review - February 11th, 11:00 am - 12:15 pm PT

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While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward last year. Please join our Eminent Domain & Valuation...more

Gray Reed

Lessons from an Operating Agreement Dispute

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Jatex Oil & Gas, L.P. v. Nadel & Gussman Permian, L.L.C. presents several teachable moments: The Texas Property Owner Rule does not allow a non-expert testify on matters requiring expert testimony....more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow

EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22 - On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more

Nossaman LLP

Is California Coming for Your Beach House?

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Yes, but the sea might beat them to it. In 2015, the California Coastal Commission adopted the Sea Level Rise Policy Guidance. This Guidance document discusses a number of potential measures for responding to sea level rise,...more

Downs Rachlin Martin PLLC

Canaan VT Balloon Test

Notice of new tower project and balloon test - Rising Tide Towers, LLC, a wireless infrastructure provider, together with Wireless Partners FN, intends to construct a new communications support structure and wireless...more

Downs Rachlin Martin PLLC

AT&T Balloon Test Notice Mendon, VT

Balloon Test Notice for AT&T FirstNet Tower in Mendon, VT - New Cingular Wireless PCS, LLC (“AT&T”), for itself and the federal First Responder Network Authority (“FirstNet”) proposes to install a 140’ monopole...more

Downs Rachlin Martin PLLC

Balloon Test Notice for AT&T Tower at Grand Isle Sheriff Dept.

New Cingular Wireless PCS, LLC d/b/a AT&T is proposing to construct a 180’ communications tower and associated compound at the headquarters of the Grand Isle Sheriff’s Department, 10 Island Circle, Grand Isle, VT, and has...more

Downs Rachlin Martin PLLC

AT&T Balloon Test Notice Topsham, VT

New Cingular Wireless PCS, LLC d/b/a AT&T is proposing to remove two existing towers on Pierson Hill in Topsham, VT (located off of Ben Dexter Road), and to construct a 180’ replacement communications tower and associated...more

Nossaman LLP

Sea-Level Rise, Managed Retreat, and Eminent Domain in California

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Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week.  If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings...more

Downs Rachlin Martin PLLC

Mt. Holly, VT Viewshed and Photo Simulations: AT&T Balloon Test Conducted in Mount Holly - July 22, 2019

New Cingular Wireless PCS, LLC (“AT&T”) proposes to install a 130’ monopole telecommunications tower at 518 Stewart Road South, Mount Holly, VT, Parcel ID: 11A2001.00, on property owned by Raymond C. Tarbell and Linda M....more

Downs Rachlin Martin PLLC

Mt. Holly, VT Balloon Test - AT&T Balloon Test Proposed for Mount Holly, July 22, 2019

New Cingular Wireless PCS, LLC (“AT&T”) proposes to install a 130’ monopole telecommunications tower at 518 Stewart Road South, Mount Holly, VT, Parcel ID: 11A2001.00, on property owned by Raymond C. Tarbell and Linda M....more

Downs Rachlin Martin PLLC

Cornish, NH Balloon Test

Viridi Wireless Plans Cornish, NH Balloon Test for June 17, 2019 - Viridi Wireless, LLC ("Viridi") is proposing to construct a 170' self-support monopole communications tower and associated compound at 200 Burr Road,...more

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