5 Key Takeaways | Making Sense of §102 Public Use and On Sale Bars to Patentability
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
Newsflash: Rockweed Not a Fish
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
The U.S. Supreme Court’s recent decision in Sheetz v. County of El Dorado may have a profound impact on inclusionary zoning ordinances and bylaws in Massachusetts. I suspect few of those regulations – if challenged – will...more
Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more
On 16 October 2020, the English Court of Appeal delivered judgment in DB Symmetry v Swindon Borough Council & Another, confirming that a planning condition requiring dedication of land for public use without compensation is...more
This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more
The decision’s ramifications are significant for both public condemnors and private landowners. The Texas Supreme Court held on Friday that the City of Rowlett’s condemnation of land owned by a private developer was a...more
In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more