Here’s the latest in a case we’ve been following. This is GHP Management Corp. v. City of Los Angeles, No. 24-435, the cert petition which asks whether a local ordinance which allowed non-paying tenants to remain in the lessor’s property is a physical taking, or merely the regulation of the lessor/lessee relationship under
March 2025
NJ App Div: No Taking To Use The Property To Trade For “Open Space”
By Robert H. Thomas on
We had the New Jersey Appellate Division’s opinion in Township of Jackson v. Getzel Bee, LLC, No. A-0590-23 (Jan. 31, 2025) in our queue to digest, when our colleague Joe Grather beat us to the punch with his analysis “Appellate Court Rejects Condemnation Due to Lack of Public Use or Purpose.”
So…
Arizona: Damages For Proximity To Highway Project Available When An Easement – And Not Just Land – Is Severed
By Robert H. Thomas on
Posted in Just Compensation | Appraisal
Like a lot of residential communities these days, Foothills Reserve was developed under a master plan, and you know what that means … a homeowner’s association and CCRs (covenants, conditions, and restrictions).
The HOA owned common areas, in which the homeowners had easements under the CCR’s. A “positive” easement to enter and use the common…