Real Estate Law

Recent Posts

Douglas P. Carstens on Local General Plans in California
Posted on 28 Nov 2011 by Douglas Carstens

Recent efforts by the California Legislature to make changes to land use requirements to promote priorities such as development of renewable energy sources have placed new emphasis on local general plans. In this Analysis, Douglas P. Carstens delineates... Read More

New Pennsylvania Permit Extension Act Extends Life of Permits to 2016
Posted on 26 Jul 2012 by Ballard Spahr LLP

by the Zoning and Land Use Group Pennsylvania has enacted an important amendment to the Permit Extension Act that will extend the life of certain zoning and land-use permits and approvals to July 2016. Embedded in a finance bill (S.B. 1263, Act... Read More

California's Land Development Authority Impeded by Clean Air Act
Posted on 5 Aug 2009 by Alene Taber

California attorney, Alene M. Taber, provides insight into agency use of indirect source rules to improve air quality as required by the Clean Air Act. Land development is considered by regulators to be an ‘indirect source’ of air pollution... Read More

Tags: Land Use

Ballard Spahr Legal Alert: Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees
Posted on 30 Jul 2013 by Ballard Spahr LLP

By the Ballard Spahr LLP Zoning and Land Use Team The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with... Read More

The Pennsylvania Commonwealth Court Invalidates Additional Provisions of Act 13
Posted on 19 Aug 2014 by Babst Calland

Last month, the Pennsylvania Commonwealth Court issued an opinion, [ enhanced version available to subscribers ], invalidating additional sections of Act 13 of 2012, Pennsylvania’s comprehensive overhaul of the former Oil and Gas Act.... Read More

PBA Opposed to Pennsylvania Bill to Reduce Adverse Possession Years
Posted on 13 Oct 2009 by LexisNexis Real Estate Law Community Staff

Intended to reduce blight, Pennsylvania House Bill 1322 would significantly cut the number of years required to establish ownership by adverse possession for real property. Applicable in cases involving an occupied single family dwelling on a lot of one... Read More

Tags: Land Use

Property Rights Blues
Posted on 14 Jun 2008 by Ed Viguerie

John D. Echeverria and Thekla Hansen-Young of t he Georgetown Environmental Law and Policy Institute have released an analysis of two state takings “compensation” measures. These are laws championed by property rights advocates that force... Read More

Tags: Land Use

The Year in Review: Ten Environmental and Land Use Cases from 2011
Posted on 2 Feb 2012 by Daniel P. Selmi

In this Analysis, Daniel P. Selmi discusses trends over the last year in environmental and land use case law from California appellate courts and the federal Ninth Circuit Court of Appeals involving appeals from district courts in California. He writes... Read More

Williams Mullen: Zoning Contingencies in Real Estate Contracts
Posted on 20 Jun 2012 by Williams Mullen

BY: T. PRESTON LLOYD, JR. In the wake of the recession, the marketplace is still in the process of clearing properties that were zoned with an expectation of a development that never came. As the economic environment for real estate transactions improves... Read More

Professor Steven J. Eagle on Fashion Valley Mall, LLC v. National Labor Relations Board
Posted on 13 Mar 2008 by Steven J. Eagle

Professor Steven Eagle comment on the California Supreme Court decision in Fashion Valley Mall, LLC v. National Labor Relations Board , 42 Cal. 4th 850, a case that illustrates the clash between private property rights and free expression. The Court ruled... Read More

Tags: Land Use

Marten Law Group--States, Courts Drive Climate Change Policy While Federal Government Sits on Sidelines
Posted on 16 Jan 2008 by Michael G Lufkin

While federal lawmakers continue to debate climate change policy, states, local governments, and court cases have moved forward. In this Emerging Issues Commentary, Michael G. Lufkin of the Marten Law Group reviews the most important recent regional,... Read More

Tags: Land Use

Vetstein Law Group: Massachusetts Smart Growth Zoning Reform Bill On The Fast Track To Passage?
Posted on 3 Jun 2013 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ 58 Legislators Pushing Comprehensive Zoning Reform Bill - "Inclusionary Zoning" Provision May Expand Controversial 40B Law With "Smart Growth" advocates strongly behind them, a cadre of Beacon Hill... Read More

Williams Mullen: Local Land Use Issues Arising In Foreclosure
Posted on 27 Mar 2011 by Williams Mullen

Editor Lloyd, Jr., T. Preston Most commercial lenders will typically arrange for at least a modest amount of land use due diligence prior to making a real estate secured loan. Depending upon the type of transaction... Read More

Rails to Trails
Posted on 11 Feb 2008 by Nancy Greening & Morgan Wade

Global Positioning Systems are facilitating the mapping of trails that were once rails and the Rails to Trails Conservancy is asking for volunteers to use GPS systems to help them create a national online map of trails ( Read More

Tags: Land Use

California High-Speed Rail on Track? Bridging the Gap Between Competing Land Use Issues with the California High-Speed Rail Project
Posted on 2 Mar 2012 by LexisNexis Real Estate Law Community Staff

By Kevin J. Grochow* * J.D. Candidate, Chapman University School of Law, May 2012; B.A. History, University of California, Irvine, June 2007. Excerpt from California High-Speed Rail on Track? Bridging the Gap Between Competing Land Use Issues... Read More