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Zoning Laws Property Owners Fifth Amendment

Goulston & Storrs PC

Federal Court Pauses for State Decisions in Property Disputes

Goulston & Storrs PC on

29 Greenwood, LLC v. City of Newton, 128 F.4th 1 (1st Cir. 2025) In 29 Greenwood, the Newton Historical Commission (the “Commission”) issued a permit to 29 Greenwood, LLC (“Greenwood”) for restoration of the Gershom Hyde...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Allen Matkins

Sustainable Development and Land Use Update 2.22.24

Allen Matkins on

The city of Berkeley will pay $4 million in connection with its mishandling of an application to build 260 housing units on the old Spenger's parking lot. Alameda County Superior Court Judge Frank Roesch fined Berkeley $2.6...more

Holland & Knight LLP

U.S. Supreme Court Establishes New Test for Evaluating Property Rights Under the Takings Clause

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In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more

Miller Starr Regalia

SCOTUS Announces New Multi-Factor Test to Determine the Relevant Parcel in Regulatory Takings Cases

Miller Starr Regalia on

On June 23, 2017, the Supreme Court of the United States finally decided Murr v. Wisconsin, __ U.S. __ (2017) (Case No. 15-214), a case that addressed land use regulations that “merged” adjacent parcels (the first of which...more

Eversheds Sutherland (US) LLP

Redefining the Denominator: Supreme Court Adopts New Test in Regulatory Taking Case 

In Murr v. Wisconsin, the US Supreme Court declined to find that a landowner's riverfront property was the subject of a regulatory taking. In a 5-3 decision, the majority adopted a new test for defining the bounds of the...more

Holland & Knight LLP

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

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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

Carlton Fields

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

Carlton Fields on

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

Clark Hill PLC

SCOTUS Rejects Dueling Bright Line Tests to Identify Property at Issue in Regulatory Takings Cases

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The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking. In the broadest...more

Robinson+Cole RLUIPA Defense

SCOTUS Decides Regulatory Takings Case

The US Supreme Court today issued its latest pronouncement on regulatory takings, Murr et. al, v. Wisconsin, et al. Justice Kennedy wrote for the Court, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. The issue was...more

Nossaman LLP

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

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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

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