PUBLIC USE Detailed Factual Findings on Public Benefit are Required In re Gen. Mun. Auth. of City of Nanticoke involved a private benefit challenge to a proposed taking allegedly for construction of affordable elderly housing.1 In consolidated...
The Practical Real Estate Lawyer Articles
STEWARDING AMERICA’S FEDERAL PUBLIC LANDS
“This land is your land, this land is my land.This land was made for you and me.”—Woody Guthrie INTRODUCTION The iconic Woody Guthrie Song “This Land Is Your Land” is a song celebrating the great diversity of landscapes which define the geography...
“REPLY ALL” REGRETS: ETHICAL CONSIDERATIONS FOR ELECTRONIC COMMUNICATIONS
AN OVERVIEW OF THE ISSUES Electronic communications envelop us.1 From mobile phones and smart watches to email, texts, instant messages, social media, and video conferencing, we’re spending more hours engaging in remote communications through...
REAL ESTATE JOINT VENTURES: SHARING PURSUIT COSTS
In any joint venture formed to acquire real estate, one point that should be addressed early in the process is whether, the extent to which, and how the parties intend to share costs incurred by each party individually in furtherance of the venture...
LIMITS ON CERCLA RECOVERY FOR LEGACY SITES: EMERGING STATUTE OF LIMITATIONS ISSUES
The Comprehensive Environmental Response Compensation and Liability Act (CERCLA)1 imposes strict liability for environmental cleanup costs on several categories of parties, including current owners and operators that had no hand in contaminating...
CONVERSATION WITH A COLLEAGUE: ROBERT H. THOMAS
This article is part of the continuing series of interviews between, published in The Practical Lawyer, Rajiv S. Khanna, principal of The Law Offices of Rajiv Khanna, and leading practitioners across the country, designed to provide personal and...
THE GREENING OF COMMERCIAL REAL ESTATE
GREEN LOAN GUIDELINES Lenders and investors alike have become progressively concerned about climate change and the effect their lending and investment decisions may have on the environment. As such, they are seeking ways to reduce their carbon...
2023 NATIONAL EMINENT DOMAIN UPDATE
PUBLIC USE UNESCO designation enough to support taking In State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., the Ohio Supreme Court held that the taking of the Country Club’s lease for the property served a public use.1 The...
APPLICATION OF THE PENN CENTRAL TEST
There are many different types of regulatory takings, each with their own unique rules and body of Supreme Court jurisprudence. Although the Supreme Court has articulated different inquiries based on the type of taking, each of the tests “aims to...