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Government may generally regulate land use in ways that diminish the market value of the regulated land, unless the regulation amounts to an unconstitutional taking under Penn Central Transportation Company v. City of New York, 438 U.S.104, or Lucas v. South Carolina Coastal Council, 505 U.S. 1003.
Covenants That Run with the Land Can Be Waived
By Jeffrey Turkel
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
By ssalkin
No Consequential Damages When State Takes Neighbor’s Land
By ssalkin
Nonconforming Use Not Discontinued
Developer’s Rico, Estoppel, and Equal Protection Claims Dismissed
Denial of Area Variance Overturned
By ssalkin
Affirmative Covenant Enforceable Against Successor Developer
Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
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