Real Estate Law

Recent Posts

Stop The Beach (Again): Supreme Court Agrees To Hear Another Potential Case On Judicial Takings
Posted on 7 Jul 2011 by Peter J. Gallagher

Somewhat lost amid the flurry of opinions handed down by the United States Supreme Court at the end of the 2010-11 session was its grant of certiori in PPL Montana LLC v. Montana (the link takes you to the SCOTUSblog page for the case, which contains... Read More

"Put Your Makeup On, Fix Your Hair Up Pretty, And Meet Me Tonight In Atlantic City."
Posted on 28 Jun 2011 by Peter J. Gallagher

Apparently there is more than fist bumping (pumping?) going on "down the Shore." The PropertyProf Blog has an interesting story about what it calls " A Non-Taking On The Jersey Shore ." If nothing else, the story gives me a work... Read More

Fenster on Land Use Exactions Takings & the Impact of the U.S. Supreme Court's Decision in Koontz v. St. Johns River Water Management District
Posted on 17 Oct 2013 by LexisNexis Legal Newsroom Staff

By Professor Mark Fenster What will be the impact of the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District on the regulatory conditions called exactions common to land use regulation? Professor Mark Fenster... Read More

What Happens When the State Takes Your Driveway?
Posted on 18 Jun 2014 by Foley & Lardner LLP

The Wisconsin Supreme Court recently announced that it granted review of nine cases, out of about 100 petitions it considered. One of the nine cases affects businesses and concerns a business that had driveway access to a public highway, [ enhanced version... Read More

Fourth Circuit Rejects Manipulation of Judicial Process As Ocean Manhandles Homes
Posted on 11 Sep 2013 by J. Wylie Donald

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? Based on the Fourth Circuit's decision at the end of July in Sansotta v Town... Read More

Court Strikes Down Town’s Attempt To Invoke Eminent Domain Power For Improper Purpose
Posted on 10 Jun 2015 by Williams Mullen

By Gilbert "Gib" C. Laite, III In Town of Matthews v. Wright , COA14-943, April 21, 2015, [ enhanced version available to lexis.com subscribers ], the Town of Matthews filed a condemnation action to take the small portion of a road fronting... Read More