News & Analysis as of

Real Estate Development State Constitutions

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

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

Seyfarth Shaw LLP on

Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

Best Best & Krieger LLP

In With the New – Part One

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - At the top of each new year, Best Best & Krieger LLP provides critical legal updates for public agencies and businesses based on new laws and court decisions from...more

Farrell Fritz, P.C.

Boon or Bane? New York’s Environmental Rights Amendment

Farrell Fritz, P.C. on

Last week’s election had news outlets across the State and nation talking about Long Island’s rare “red wave”.  While many are now debating what the apparent sea change means for Long Islanders, at least for the next few...more

Allen Matkins

Housing Developer Prevails in Key Housing Accountability Act Case

Allen Matkins on

California’s First District Court of Appeal recently issued a consequential decision reining in the ability of local agencies to deny housing projects under the Housing Accountability Act (HAA) based on alleged noncompliance...more

BCLP

Seventh Circuit: Key Takeaways from Hinterberger v. City of Indianapolis

BCLP on

In Hinterberger v. City of Indianapolis, the Seventh Circuit recently reminded litigants of their unyielding obligation to follow local rules. Hinterberger, --- F.3d ---, No. 19-3365, 2020 WL 3980690 (7th Cir. 2020). In that...more

Perkins Coie

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

Perkins Coie on

The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing...more

Holland & Knight LLP

Court of Appeal Affirms California's Interest in Housing Can Override Laws of Charter Cities

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For decades, the California State Legislature has enacted numerous laws that limit the authority of local governments to constrain the supply and affordability of housing. These include the Housing Element Law, which requires...more

BCLP

After Losing the Vote, Oil & Gas Opponents Try Litigation

BCLP on

Recently, Colorado voters rejected Proposition 112, which would have changed Colorado law to require 2,500-foot setbacks between new oil and gas development and homes or other (vaguely described) “vulnerable areas.” It has...more

Brownstein Hyatt Farber Schreck

Colorado Bills that Could Affect Development in 2019

The 2019 Colorado General Assembly has only been in session for a few weeks, but bills are already pending or in the works that may affect real property and development. Here, we discuss a few of the most impactful. For more...more

Nossaman LLP

Court Affirms Coastal Commission’s Consideration Of Takings Issues

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The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more

Harris Beach Murtha PLLC

Recent Case Law on Article 97 Limits State and Municipal Authority to Develop Property

Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ‘[l]ands and easements taken or acquired’ for conservation...more

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