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Fourteenth Amendment Regulatory Takings

DarrowEverett LLP

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

DarrowEverett LLP on

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

Gray Reed

Louisiana Regulatory Taking Claim Defeated

Gray Reed on

Itching to sue the government for taking your property? Treme v. St. John the Baptist Parish Council is a reminder that you must have a property interest subject to being taken in order to have standing to sue for a...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - March 2022, Volume I, Issue XII

Goulston & Storrs PC on

CASES OF NOTE - SIMILAR PROJECTS, DIFFERENT DECISIONS - Brossi, et al. v. Town of Grafton Planning Board, et al., No. 19 MISC 000551 (MDV), 2021 WL 5833935 (Mass. Land Ct. Dec. 9, 2021) - The Massachusetts Land...more

Hicks Johnson

Government-Mandated Closures: Who is Liable If Businesses Fail?

Hicks Johnson on

Introduction - As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

BakerHostetler

Does a Governmental Order Requiring that Businesses Close to Prevent the Further Spread of COVID-19 Amount to a Regulatory Taking...

BakerHostetler on

As governmental agencies issue mandates regarding COVID-19, many commercial tenants have been forced to shut down. To obtain relief, such as a rent abatement, a tenant could potentially argue that such governmental action...more

Harris Beach PLLC

Rent Regulations, Tenant Protections Expand Beyond Big Apple

Harris Beach PLLC on

New York state has enacted the Housing Stability and Tenant Projection Act of 2019, providing for sweeping changes to rent and landlord/tenant laws with the stated purpose of protecting tenants while imposing new obligations...more

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