News & Analysis as of

Property Owners Statutory Interpretation

Adams & Reese

Show-Cause … Again? Florida Appellate Court Clarifies Key Construction Lien Rule

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In a recent decision, Florida’s Second District Court of Appeals clarified the procedure available under Section 713.21(4), Florida Statutes, an important statute in Florida’s Construction Lien Law that impacts the...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

Goulston & Storrs PC

Zoning Permits May Last Longer Than Expected Under Extension Acts

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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

Goulston & Storrs PC

New Guidance on Land Dedication and Article 97

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Nahant Preservation Trust, Inc. v. Northeastern University, 104 Mass.App.Ct. 698 (2024) - Nahant Preservation Trust, Inc. v. Northeastern University involved a dispute over whether a private landowner (“Northeastern”) had...more

Kaufman & Canoles

Court of Appeals of Virginia Affirms Petition to Relocate Two Easements Under Virginia Code § 55.1-304

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Yesterday, the Court of Appeals of Virginia issued a significant decision about a servient landowner’s right to relocate easements in accordance with Virginia Code § 55.1-304. ...more

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

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The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

Pierce Atwood LLP

SJC Confines Zoning Standing Analysis To Actual Proposed Use; Speculation As To Future Uses Is Irrelevant

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Last week, the Massachusetts Supreme Judicial Court (SJC) reversed an Appeals Court panel in a strongly-worded decision concerning abutter standing to appeal a zoning decision, Stone v. Zoning Bd. of Appeals of Northborough...more

Gray Reed

Texas Court Splits Family Timber Land Over Heir’s Objections

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“He who comes for the inheritance is often made to pay for the funeral”.* When heirs inherit property together and can’t agree on its use, Texas courts strongly prefer dividing the land physically rather than forcing a sale,...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

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

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The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

Pullman & Comley - For What It May Be Worth

Return to Sender: When Not Updating Your Address Becomes a Legal Headache

In a recent case before the Appellate Court of Connecticut, Judge Jose A. Suarez penned an opinion holding that owners of income-producing real property bear the burden of updating municipalities of a change in their address,...more

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

Whiteford

Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations

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Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more

Nossaman LLP

Legislatively Enacted Fees Have Another Day in Court

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On Tuesday, June 24, 2025, the California Court of Appeal heard argument in Sheetz v. County of El Dorado. You may recall that the California Court of Appeal previously held that legislatively enacted development impact fees...more

Allen Matkins

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

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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

Pierce Atwood LLP

Mass. Land Court Rules Short Term Rentals Aren’t a Lawful Accessory Use in Nantucket Zoning District

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In a case of significant interest to the legal community and especially to Nantucket property owners, the Land Court recently issued its long-awaited decision in Ward v. Town of Nantucket (pdf) (Ward II), concerning the...more

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

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Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

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In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Nossaman LLP

California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

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We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more

Houston Harbaugh, P.C.

Drawing the Line Somewhere

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What Happens When a Parcel is Split Zoned?- Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more

Jenner & Block

U.S. Fish and Wildlife Service Proposes Regulatory Change to Ease Endangered Species Act Restrictions

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On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more

Snell & Wilmer

Tenth Circuit Revives Takings Claims for Public Use of Property Held Under the State’s Unclaimed Property Act

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In a decision that may reshape how states administer their unclaimed property statutes, the Tenth Circuit held that property owners can pursue takings claims against the Colorado State Treasurer (Treasurer) without exhausting...more

Partridge Snow & Hahn LLP

What We’re Watching: Peebles, et al. v. JRK Property Holdings, Inc.

What We’re Watching:  Peebles, et al. v. JRK Property Holdings, Inc. Massachusetts SJC hears arguments on what is “Reasonable Wear and Tear” under the Security Deposit Statute - On April 7, 2025, the Supreme Judicial Court...more

Bricker Graydon LLP

Land banking after Tyler: No government taking where there’s a process (so says federal 6th Cir.)

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Land banking advocates across the country took notice of the U.S. Supreme Court’s decision in Tyler v. Hennepin County that found a “government taking” occurred when a Minnesota county sold a tax-foreclosed home to recover...more

Snell & Wilmer

U.S. Supreme Court Limits Section 1988 Attorney’s Fees for Property Owners and Other Civil Rights Litigants

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The U.S. Supreme Court’s recent decision in Lackey v. Stinnie, 145 S. Ct. 659 (2025), limits the ability of civil rights litigants to recover their attorney fees under the Civil Rights Attorney’s Fees Awards Act, specifically...more

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