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State and Local Government 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

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The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing...more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

Holland & Knight LLP on

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

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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