News
[03/10]
Barker donates $2.5 million to create PETA offices
[03/09]
Habitat for Humanity of Tennessee Hits 3,000 House Milestone
[03/09]
University of Illinois Private Residence Hall Locks in Housing Cost for Four Years
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Articles
Eminent Domain
Eminent domain is the inherent power of a sovereign government to condemn and take private property without the owner's permission and often over his or her strenuous objection. The US Constitution mandates that federal and state governments may only take property for public use and with just compensation. The government also must provide due process of law to the property owner during a condemnation.
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Can the Government Regulate How Much Rent I Can Charge for My Residential Housing Unit?
Some residential rental units, usually in multifamily buildings, are subject to rent-control laws that strictly regulate how much a landlord can charge, and the amount and frequency of rent increases. These laws also tend to impose restrictions and procedural safeguards on the eviction process, usually making it more difficult to evict tenants. Any property owner in a community with rent controls should seek the advice of a seasoned real estate lawyer to understand the impact of these laws on rental properties and leases. It is equally important to consult with a skilled real estate attorney if you are even considering purchasing residential rental property in a rent-controlled community to understand if and how the tightly regulated system will affect your investment.
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Case Summaries
[03/10]
Milwaukee Metro. Sewerage Dist. v. American Int'l Specilaty Lines Ins. Co.
In a sewerage district's suit for damages against an environmental liability insurer for denying coverage for costs incurred by the district in removing significant pollution on land it recently purchased, district court's judgment is reversed and remanded as the district court's finding that there was clear and convincing proof that a prior agreement existed between the insurance company and the sewerage district that the parcel would be covered property was clearly erroneous. Therefore, defendant is entitled to judgment on the sewerage district's reformation claim and, as a consequence, judgment in favor of defendant on its indemnity claim is vacated.
[03/10]
TJS of N.Y., Inc. v. Smithtown
In an action seeking an injunction and declaratory judgment to the effect that defendant-town's zoning ordinance did not give plaintiff adequate alternative sites on which to locate its adult entertainment business, a denial of an injunction is vacated where the First Amendment required courts to consider the adequacy of alternative sites available when the ordinance is challenged, not at the time the ordinance is passed.
[03/09]
Seltzer v. Barnes
Trial court's denial of defendant's anti-SLAPP motion, arising from an underlying suit involving claims against a property management company and homeowners' association, is reversed where: 1) the trial court erred in concluding plaintiff's two causes of action against defendant do not arise from speech or petitioning activity where his alleged conduct was the negotiation of a settlement in the prior case; and 2) because defendant may not be held liable for the alleged conduct under the litigation privilege, plaintiff has failed to show a probability of prevailing on her causes of action for fraud and intentional infliction of emotional distress.
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