Tag Archives: Land

(US) Condominiums Exempted From Filing & Registration Requirements of the Interstate Land Sales Full Disclosure Act

On September 18, 2014 Congress amended the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominiums from the filing and registration requirements. Originally intended to protect consumers against fraudulent land sales practices such as selling lots that were underwater or unable to obtain utility services, the federal courts and the Department of Housing and … Continue Reading

(US) The Tools of “Inclusionary Eminent Domain (Part 2): How the Concept Works in Practice

This second blog post of the two-part series features just a few of the tools of inclusionary eminent domain that can be retrofitted for purposes of constructing or preserving affordable housing on land condemned for economic development, or new development projects generally. The tools are interrelated and have the ability to operate in tandem to … Continue Reading

(US) What is “Inclusionary Eminent Domain” (Part 1): Rethinking How to Construct Affordable Housing in Economic Development Projects

This first part of a two-part blog series explores a new concept, “inclusionary eminent domain,” that has emerged in real estate development. The concept serves to temper and reconcile the interests of various stakeholders involved in eminent domain takings for economic development. The concept has evolved in response to the 2005 landmark United States Supreme … Continue Reading

(US) Another Step Toward Regulatory Relief for Condominium Developers

This is a follow-up to an earlier blog post on this issue in October, 2013. Last October, the U.S. House of Representatives voted to approve H.R. 2600, which would have expressly exempted condominium developments from the Interstate Land Sales Full Disclosure Act (“ILSA”). Ultimately, the bill was left to languish during the discussions surrounding the … Continue Reading

(US) New York High Court Ruling: Restaurant in Union Square does not violate state public trust doctrine regarding use of parkland

In a recent decision, the New York Court of Appeals held that a NYC proprietor could operate a restaurant on city-owned parkland located in Union Square notwithstanding the so called “public trust doctrine”. The restaurant will replace long-time neighborhood favorite Luna Park, which closed in 2007 at the time of a citywide park renovation initiative. … Continue Reading

(US) PA Supreme Court Act 13 decision disappoints the Oil and Gas Industry

This post was also written by Peter Schnore. The Pennsylvania Supreme Court’s December 2013 decision regarding the constitutionality of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13) came as a disappointment to the oil and gas industry. Conversely, the decision was a holiday gift to those governments, groups and individuals seeking greater … Continue Reading

(US) Land Banks: Too Good to Fail

This post was written by Dusty Elias Kirk and Gerald S. Dickinson. Pennsylvania municipalities and potential developers interested in converting vacant, abandoned, tax delinquent or foreclosed properties into productive use should take note of legislation enacted in 2012 that permits a municipality with more than 10,000 residents to create a land bank.1 Land banks are … Continue Reading

Chicago Wins the Latest Round: In a Longstanding Battle, Court Upholds Chicago Landmarks Ordinance Against Constitutional-Vagueness Challenge by Property Owners

The City of Chicago has prevailed in the latest round of a "no holds barred" battle with local property owners over the constitutionality of The Chicago Landmarks Ordinance. In a decision dated May 2, 2012 by the Circuit Court of Cook County, the property owners' claims that the Landmarks Ordinance was unconstitutionally vague and violated due process were rejected, and the court upheld the Ordinance. Hanna and Mrowka v. City of Chicago. No. 06 CH 19422. The landowners had previously won a highly favorable ruling at the appellate court level (in 2009), which raised the prospect of the invalidation of the Ordinance (as reported in a previous Reed Smith Client Alert) - a result that would have sent shockwaves through the historic preservation community nationwide. With the case remanded to it for decision, the trial court considered the due process vagueness issue in detail, including as to the clarity of the Ordinance's criteria for landmark status; but it was not persuaded by the property owners' arguments, and found that they did not meet their burden of rebutting the presumption of the constitutionality of the legislation, thus upholding the Ordinance.… Continue Reading
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