News & Analysis as of

State and Local Government Property Owners

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

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

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

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

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

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

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

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

Jackson Walker

Texas Supreme Court Clarifies Default Ownership of Produced Water in Oil & Gas Leases – Key Questions Remain

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On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more

McGuireWoods LLP

Arlington Missing Middle Ordinance is Void Again — For Now

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In another twist to Arlington’s Missing Middle saga, on July 8, 2025, the Virginia Court of Appeals set aside its ruling from two weeks earlier reinstating Arlington County’s Expanded Housing Option (EHO) ordinance and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Chambliss, Bahner & Stophel, P.C.

Tennessee Foreclosure Bill to Update Advertising Requirements

On July 1, 2025, the amended Tennessee Code Annotated, § 35-5-101 took effect, bringing several important changes to the foreclosure process in Tennessee:...more

Sheppard Mullin Richter & Hampton LLP

San Diego ADU Incentive Rollback Sheds Light on California Housing Woes

On June 16, 2025, the San Diego City Council voted 5-4 to cap the number of Accessory Dwelling Units (ADUs) that can be built on single-family lots. The decision reverses the City’s 2020 implementation of a program allowing...more

Holland & Knight LLP

2025 Updates to Florida's Live Local Act

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Florida Gov. Ron DeSantis signed Senate Bill (SB) 1730 on June 23, 2025, amending the Live Local Act (2025 Live Local Act), which takes effect on July 1, 2025. The 2025 Live Local Act introduces several significant technical...more

Lowndes

Live Local Act Amended: SB 1730 Becomes Law in Florida

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Senate Bill 1730 (SB 1730) contains amendments to the Live Local Act which will have significant effects on local government implementation of the Act. Importantly, SB 1730 provides that the Live Local Act will no longer...more

Saul Ewing LLP

Philadelphia Increases Realty Transfer Tax Rate to 3.578% Starting July 1, 2025

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Effective July 1, 2025, the realty transfer tax rate for properties or acquired real estate companies sold in the City and County of Philadelphia will increase to 3.578%, in addition to the Commonwealth of Pennsylvania realty...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

Allen Matkins

Pending State Housing Laws: Rebuilding After a Natural Disaster

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Various state housing bills are currently making their way through the California State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Driving Loss Reduction Through State-Created Residual Insurance Markets: Environmental Defense Fund/Cornell University Report

The Environmental Defense Fund (“EDF”) and Cornell University issued a report titled: Driving Loss Reduction Through State-Created Residual Insurance Markets (“Report”)....more

Foley Hoag LLP - Energy & Climate Counsel

Massachusetts Statewide Large Building Energy Reporting Rules Now in Effect

The new regulations set the first statewide energy usage reporting deadline for large buildings, which is coming up on June 30, 2025. Building on our previous updates on LBER, here’s what the regulated community needs to know...more

McGuireWoods LLP

Prince William County Approves New Voluntary Affordable Dwelling Unit Ordinance

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On June 4, 2025, the Prince William County Board of Supervisors approved a new Affordable Dwelling Unit Ordinance that becomes effective on Dec. 1, 2025. The ordinance, adopted under the authority of Virginia Code...more

Mintz

New York City's Climate-Focused Local Law 97 Upheld By New York Court of Appeals

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On May 22, 2025, the New York Court of Appeals--the highest court in New York State--unanimously upheld New York City's Local Law 97 against a challenge brought by certain property owners. This law--Local Law 97--is “aimed...more

Brownstein Hyatt Farber Schreck

Coming Soon in Colorado: Recommended Legislation for Transparency in Corporate Housing Ownership

After 18 months of stakeholder meetings with local governments, real estate developers and consumer advocates, the Colorado Task Force to Study Corporate Housing Ownership is expected to release a report later this month...more

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