Justia Real Estate & Property Law Opinion Summaries

Schwab Multimedia received a construction permit from the Federal Communications Commission (FCC). But Schwab never built its station. Though the FCC granted Schwab’s first three requests for more time, it denied Schwab’s fourth. Schwab appealed the FCC’s decision, claiming that it was arbitrary and capricious.   The DC Circuit affirmed. The court held that the FCC based its denial of Schwab’s tolling request on three underlying determinations, and those determinations were reasonable. First, the FCC reasonably found that Schwab had no construction site. Indeed, Schwab admitted as much. It told the Media Bureau that the landlord of the original site had “rescinded [its] verbal agreement . . . to use the site.” And it offered no evidence to suggest that it had since secured the landlord’s permission. Second, it was reasonable for the FCC to conclude that site loss was the real reason Schwab could not build. Third, the FCC reasonably held that site loss is not a legitimate basis for tolling. Further, Schwab produced no evidence to show that good cause would support a waiver. View "Levine/Schwab Partnership v. FCC" on Justia Law

The Lunada Bay Boys (Bay Boys) are a group of young and middle-aged men local to the City of Palos Verdes (the “City”), who consider themselves to be the self-appointed guardians of Lunada Bay. One of their tenets is to keep outsiders away from the surf location. They accomplish this through threats and violence. Plaintiffs are (1) two non-locals who encountered harassment by the Bay Boys when they tried to surf Lunada Bay and (2) a non-profit dedicated to preserving coastal access. They brought suit against the Bay Boys, some of its individual members, and the City itself for conspiracy to deny access under the California Coastal Act. Plaintiffs alleged that the City conspired with the Bay Boys essentially to privatize Lunada Bay, depriving nonlocals of access. The trial court granted the City judgment on the pleadings.   The Second Appellate District reversed. The court held that Plaintiffs sufficiently alleged an unpermitted “development” in the Bay Boys’ denial of access to the beach. Further, the court explained that parties can, in fact, be liable for Coastal Act violations under the doctrine of conspiracy. Conspiracy liability is not limited to tort; defendants may be liable if they agree to engage in conduct that violates a duty imposed by statute. The court wrote, at this point, Plaintiffs sufficiently alleged an actionable conspiracy in which the City has participated. View "Spencer v. City of Palos Verdes Estates" on Justia Law

In the late 1930s, Milwaukee County built a dam on the Milwaukee River in Estabrook Park, an urban green space that runs along the east bank of the river where the City of Milwaukee borders suburban Shorewood and Whitefish Bay. In 2017 the County transferred the dam to the Milwaukee Metropolitan Sewerage District for the purpose of removing it. Demolition was completed the following year. With the dam removed, the water level immediately upstream fell by about four feet from its previous high-water mark. Kreuziger owns a home along this stretch of the river, and the drop in the water level exposed a ten-foot swath of swampy land on his waterfront that used to be submerged.Kreuziger sued the District and Milwaukee County, alleging that their removal of the dam amounted to a taking of his riparian right to the prior surface water level without just compensation. The Seventh Circuit affirmed summary judgment in favor of the defendants. the riparian rights of waterfront property owners are subordinate to the government’s authority to regulate navigable waterways under the public-trust doctrine. Kreuziger had no property right to have the river remain at the previous level. View "Kreuziger v. Milwaukee County" on Justia Law

Property owners sought compensation for an alleged taking pursuant to the National Trails System Act, 16 U.S.C. 1241–51. When a railroad wishes to relinquish responsibility over a railroad corridor, it must seek permission to abandon the corridor. Under the Trails Act, before abandonment is consummated, other entities can intervene to railbank the corridor and preserve it for future railroad use. The railbanking intervention process allows a railroad to negotiate with the intervening entity to assume financial and managerial responsibility for the corridor by operating it as a recreational trail. The issuance of a Notice of Interim Trail Use (NITU) allowing interim trail use and railbanking constitutes a Fifth Amendment taking if the railroad was granted an easement, interim trail use and railbanking were beyond the scope of that easement, and the NITU caused a delay in termination of the easement.The Claims Court found that the property interests at issue were easements, but that interim trail use was within the scope of the easements. The Federal Circuit reversed. The Claims Court erred in interpreting Missouri law and in concluding that interim trail use was within the scope of the easements; railbanking is not within the scope of the easements. With no causation dispute, the NITU issuance constituted a taking. View "Behrens v. United States" on Justia Law

The 1976 Magnuson–Stevens Act contemplated “[a] national program for the conservation and management of the fishery resources of the United States,” 16 U.S.C. 1801(a)(6), and established the United States 200-mile Exclusive Economic Zone (EEZ). A 2007 amendment established national criteria for quota-based fishing programs, (limited access privilege programs) and authorized the quota-based fishing permits and licenses at issue in this Fifth Amendment takings claim, in which fishing businesses challenged four different permitting, licensing, and endorsement requirementsThe Federal Circuit affirmed the dismissal of the suit for lack of a cognizable property interest in the fishing endorsements, licenses, and permits, separate from or appurtenant to their fishing vessels. Precedent establishes that fishing permits and licenses issued under the Act are revocable privileges, not compensable property interests. The Magnuson–Stevens Act refers to “congressional intent not to confer any right, title, or interest, and to preserve the government’s authority to revoke privileges enjoyed in” fishing licenses and permits. The National Marine Fisheries Service’s regulations did not create compensable property rights in permits or licenses. licenses; permits did not have the essential characteristics of compensable property—transferability and the right to exclude others. There is no inherent right in vessel ownership to fish within the EEZ. View "Fishermen's Finest, Inc. v. United States" on Justia Law

Plaintiffs are individuals who own apartment buildings in New York City that are subject to the relevant Rent Stabilization Law (RSL). Plaintiffs appeal from a judgment of the district court dismissing their complaint pursuant to Rule 12(b)(6).The Second Circuit affirmed the district court's order rejecting Plaintiffs' contention that the New York Rent Stabilization Law was unconstitutional, both facially and as applied. The court held that Plaintiffs did not establish that application of the RSL resulted in a physical taking. The court also held that the RSL did not "go to far" in determining how private landowners can use their property. The court went on to reject Plaintiff's as-applied challenges to the RSL. View "74 Pinehurst LLC v. State of New York" on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendant and dismissing Plaintiff's claim that Iowa's tax-sale statute violates due process because it doesn't require personal service of a written notice that the taxpayer will lose his or her land, holding that the court did not err.Plaintiff stopped paying property taxes on a parcel of farm land he obtained, and the parcel was sold at a tax sale. Defendant paid Defendant's overdue taxes and received a certificate of purchase. When Plaintiff did not redeem the parcel Defendant sent Plaintiff notice by regular mail and certified mail to the parcel itself and to Plaintiff's last known address. After ninety days the county treasurer issued a tax sale deed to Defendant. Plaintiff brought this action claiming he did not timely receive actual notice of the tax sale proceedings and that Iowa Code 447 violates constitutional due process guarantees because it does not require effective notice. The district court granted summary judgment for Defendant. The Supreme Court affirmed, holding that Plaintiff failed to show a due process violation in this case. View "Kluender v. Plum Grove Investments, Inc." on Justia Law

Appellant Ventura29, LLC purchased property (the Property) in the City of San Buenaventura (City). Appellant filed a complaint against the City alleging that Appellant “is in the process of developing a multi-unit townhome project” on the Property. The first cause of action is for inverse condemnation. Appellant claims City’s modification of an approved grading plan for the Property “resulted in an unconstitutional taking for which [it] is entitled to just compensation.” The trial court entered a judgment of dismissal after the trial court had sustained a demurrer to Appellant’s second amended complaint (complaint). Appellant contends the complaint states causes of action for private nuisance, trespass, and negligence based on the City’s dumping of uncertified fill on the Property in 1977.   The Second Appellate District affirmed the judgment of dismissal. The court concluded that these causes of action are barred by the statute of limitations. The court reasoned that Appellant’s “action on the case” theory is based on its claim that the primary injury to its property was not caused by the dumping of the uncertified fill. Instead, it was caused by the consequences of the dumping. Therefore, Appellant argued, the statute of limitations on the causes of action began to run when the City Engineer made the modification. The “action on the case” theory is of no assistance to Appellant. The theory, in effect, restates the first cause of action for inverse condemnation. Appellant forfeited its right to object to the modification of the grading plan because it had complied with the modification without exhausting its administrative remedies. View "Ventura29 v. City of San Buenaventura" on Justia Law

Plaintiff Seneca Nation brought a lawsuit seeking relief from New York State, the New York Thruway Authority, and the Thruway Authority’s Executive Director (collectively “Defendants”) for ongoing use of an invalid easement over its tribal land. Defendants appealed the denial of their motion to dismiss. Defendants contend that the Nation is collaterally estopped from bringing this present action based on a 2004 judgment of this court and that this lawsuit is barred by the Eleventh Amendment.   The Second Circuit affirmed. The court explained that Seneca Nation does not assert property rights over land to which New York State has traditionally held the title and does not seek a declaration that the State’s laws and regulations do not apply to the area in dispute. Therefore, the quiet title exception to Ex parte Young outlined by the Court in Coeur d’Alene Tribe has no application here. Accordingly, the lawsuit falls under the Ex parte Young exception to the Eleventh Amendment. Thus, neither collateral estoppel nor the Eleventh Amendment bars the Nation from proceeding in this case. View "Seneca Nation v. Hochul" on Justia Law

Plaintiffs own a beach house in Dare County, North Carolina. In the early days of the COVID-19 pandemic, Dare County banned nonresident property owners from entering the county. As a result, Plaintiffs could not reach their beach house for forty-five days. In response, they sued Dare County, alleging that their property was taken without compensation in violation of the Fifth Amendment. After the district court found that the ban was not a Fifth Amendment taking and dismissed Plaintiffs’ suit for failure to state a claim, Plaintiffs appealed.   The Fourth Circuit affirmed. The court held that the ban did not physically appropriate Plaintiffs’ beach house. And though it restricted their ability to use the house, compensation is not required under the ad hoc balancing test that determines the constitutionality of most use restrictions. The court further explained that Dare County’s order is neither a physical appropriation, a use restriction that renders the property valueless, nor a taking under Penn Central. The effects of the order were temporary, Plaintiffs had a chance to occupy their property before it took effect, and while the order was operative they could still exercise significant ownership rights over their property. View "Joseph Blackburn, Jr. v. Dare County" on Justia Law