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Right of Entry

Freeman Law

Texas Deeds and Conditions Subsequent | The Other Reversionary Interest

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Assume that Owner A deeds to Buyer B real property in Texas via a special warranty deed that contains the following provision: The property shall be used exclusively for XYZ purposes. In the event said property should...more

Lowndes

Mineral Reservations and Real Property in Florida

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It is not unusual to find mineral reservations in the chain of title to real properties located in Florida. When the State of Florida first conveyed title to state owned lands, it was customary for the state to reserve an...more

Seyfarth Shaw LLP

Knock, Knock… Who’s There And Do I Have To Let You In?

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Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The...more

Nossaman LLP

Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

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When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

K&L Gates LLP

When is a Right of Entry a Right?

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Union officials come on to a construction site arguing that they don't need to comply with Right of Entry laws because they are there to look after a safety concern. You try to get a clear picture of the legal basis of their...more

McManis Faulkner

California Residential Leases: Ten Things to Know (Part 2)

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Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 2 of a two-part series listing ten important rights and responsibilities every...more

Nossaman LLP

Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

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When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more

Miller Starr Regalia

Property Reserve and Precondemnation Entries – The Epilogue

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As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more

Nossaman LLP

How to Negotiate a Right of Entry After Property Reserve

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Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more

Nossaman LLP

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

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When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

Allen Matkins

California Environmental Law & Policy Update - July 2016 #5

Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

Nossaman LLP

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

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For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Nossaman LLP

Can Technology Preserve Government Rights of Entry?

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As we await the California Supreme Court’s decision in the Property Reserve case (see related posts here and here), many government agencies are faced with the question of what they will do if the justices deem the current...more

Nossaman LLP

Update: California Supreme Court Oral Arguments

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Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

Nossaman LLP

Property Reserve Case Set for Oral Argument

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The California Supreme Court announced today that the Property Reserve case will be heard on May 3, 2016, at 9:00 a.m. in San Francisco. (I’m assuming this is not an April Fool’s joke, since eminent domain attorneys have...more

Nossaman LLP

Another Twist in California’s Right of Entry Rules

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Eminent domain practitioners have been waiting for nearly two years for the Supreme Court to issue its decision in Property Reserve v. Superior Court. At issue is the constitutionality of California’s “Right of Entry”...more

Nossaman LLP

Right of Entry Statutes Are Back in Business – For Now

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For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more

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