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State Constitutions Property Owners

Oliva Gibbs

A river ran through it: State v. Riemer and what happens to the mineral rights when the water runs dry

Oliva Gibbs on

Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more

Bowditch & Dewey

Massachusetts Appeals Court Makes Clear in ‘Town versus Gown’ Controversy that “Public Dedication Doctrine Is Not Intended to...

Bowditch & Dewey on

Ending four years of litigation in consolidated cases filed by the Nahant Preservation Trust, Inc. (“Nahant”) and Northeastern University (“Northeastern” or “the University”), the Massachusetts Appeals Court determined that...more

Butler Snow LLP

Tennessee Circuit Court Strikes Down Tennessee Law Allowing Warrantless Searches of Private Property by State Wildlife Officials

Butler Snow LLP on

On Tuesday, March 22, 2022, a three-judge panel of the Circuit Court for Benton County, Tennessee, issued an order declaring that Tennessee Code Annotated § 70-1-305(1) is unconstitutional, unlawful, and unenforceable, and...more

Keating Muething & Klekamp PLL

Court Scrutinizes “Public Use” in Gas Utility Condemnation

Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more

Ward and Smith, P.A.

In the Agribusiness Industry? Don't Miss These Three Legal Developments to Keep an Eye On

Ward and Smith, P.A. on

The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website, and through its...more

Nossaman LLP

Court Clarifies Inverse Condemnation Liability

Nossaman LLP on

While inverse condemnation liability in California originates from the California Constitution, determining when it applies -- and under what circumstances -- is based on a lengthy morass of case law that has been described...more

Ballard Spahr LLP

Court Reverses Philadelphia's 2018 Assessment of Many Commercial Real Properties

Ballard Spahr LLP on

In Duffield House LP v. City of Philadelphia–a case involving assessment appeals by approximately 700 owners and lessees of commercial and industrial properties in the City–Philadelphia County Court of Common Pleas Judge Gene...more

Tucker Arensberg, P.C.

Our “Common Enemy”: Where to Turn After Flooding Or Water Damage

Tucker Arensberg, P.C. on

While California continues to be ravaged by wildfires in recent weeks, Western Pennsylvania residents have been dealing with the opposite problem over the past year: intense rainfall and flooding. According to the National...more

Bricker Graydon LLP

The basics of acquiring property through eminent domain in Ohio

Bricker Graydon LLP on

Public entities are often faced with the challenging issue of acquiring property for construction projects. Acquiring property can be a lengthy process depending on property owners’ disposition with regard to selling...more

Snell & Wilmer

Battle of the Ballot Initiatives

Snell & Wilmer on

On August 28, 2018, the Colorado Secretary of State certified the signatures collected for Initiative 108. The following day, the Colorado Secretary of State certified the signatures collected for Initiative 97. The...more

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

Surface Water Withdrawal, Permitting, Use, and Reporting Act: South Carolina Supreme Court Addresses Challenge to State...

The South Carolina Supreme Court (“Court”) addressed in a May 30th opinion a judicial challenge to the South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act (“Act”). See Jowers v. South Carolina Dept. of...more

Snell & Wilmer

In Colorado, Ballot Initiatives Are Back in Full Force

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As primary season for midterm elections gets underway, so too does canvasser season. In Colorado alone, canvassers are out in full force and looking to get enough voter signatures for a number of different initiative statutes...more

Pillsbury Winthrop Shaw Pittman LLP

Ballot Initiative Seeks to Eliminate Prop 13 for Commercial and Industrial Real Estate

Initiative 17-0055 would limit Proposition 13 protection to residential property. New initiative seeks to eliminate Proposition 13 protection for commercial and industrial property by requiring fair market value...more

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