In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more
2/3/2025
/ Appellate Courts ,
Arizona ,
AZ Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Damages ,
Easements ,
Eminent Domain ,
Just Compensation ,
Property Owners ,
Real Estate Development ,
Real Estate Transactions ,
State and Local Government
The Pennsylvania deadlines for appealing 2025 real estate taxes are fast approaching. There are several factors to consider in determining whether to appeal....more
The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more
4/17/2024
/ Building Permits ,
Constitutional Challenges ,
Exactions ,
Fees ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Just Compensation ,
Land Developers ,
Land-Use Permits ,
Property Improvements ,
Property Owners ,
Reversal ,
SCOTUS ,
Takings Clause ,
Unconstitutional Condition
Summary -
The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...more
10/4/2023
/ Building Permits ,
Certiorari ,
Construction Project ,
Exactions ,
Fees ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Land-Use Permits ,
Real Estate Development ,
SCOTUS ,
Sufficient Nexus ,
Takings Clause
Summary -
The recent 3 – 3 split by the Pennsylvania Supreme Court in GM Berkshire Hills LLC v Berks County Board of Assessment and Wilson School District leaves in place a school district’s ability to target recently sold...more
We are introducing a mini-series, “Developing Philly.” The podcast episodes will explore issues that are top-of-mind for developers, owners, and commercial investors throughout the Philadelphia region. We’ll focus on zoning...more
UPDATE: OPA Releases Final Abatement Regulations Answering Several Questions -
The Philadelphia Office of Property Assessment (OPA) recently finalized regulations (the Regulations) addressing many issues that we identified...more
To: Ballard Spahr Real Estate Clients and Colleagues
The Ballard Spahr Zoning and Land Use Team continues to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and...more
Philadelphia Zoning and Land Use Update -
The Philadelphia Office of Property Assessment (OPA) has issued draft regulations for the implementation of the changes in Philadelphia’s 10-year tax abatement in 2022....more
The Township of Canton, Michigan, like many local governments, requires property owners who remove trees of a certain size to either replace those trees or pay into a fund for the planting of new trees. The Sixth Circuit...more
On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more
7/1/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more
A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more
3/31/2020
/ Business Closures ,
Class Action ,
Coronavirus/COVID-19 ,
Due Process ,
Emergency Management Plans ,
Eminent Domain ,
Executive Orders ,
Fifth Amendment ,
Operators of Essential Services ,
State and Local Government ,
Takings Clause