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Eminent Domain & Real Estate Valuation

Fox Rothschild has one of the leading eminent domain and real estate litigation practices in the country. Join David Snyder, co-chair of the firm's Condemnation Practice Group, as he provides useful information and commentary regarding developments in the law, updates on projects and helpful tips regarding eminent domain and other real estate litigation related topics. This is an excellent resource for real estate professionals, property owners and condemnors who may be embarking upon a new project.
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Fair Housing Defense

Join Fox Rothschild attorneys Scott Badami and Christian Moffitt as they provide insight and information on and compliance with the Fair Housing Act and its state and local counterparts. The blog provides a forum for issues of interest to apartment owners and management companies as well as professional management employees.
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In the Zone

Success in the real estate industry often hinges on making smart choices – and on being informed. Fox’s In the Zone blog serves as a resource for developers, investors, lenders, design firms, landlords, tenants and more. Focusing on zoning and land use, we report on trends and news in obtaining approvals and permits for new development, project financing, LEED certification and environmental regulation and enforcement.
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Recent Blog Posts

  • Just Who is Considered “Disabled” Under the Fair Housing Act? Although it comes up most frequently when I review emotional support animal reasonable accommodation requests under the Fair Housing Act (FHA), the issue of just who is “disabled” is one for all of us in the professional apartment management field to understand. Under the law, a person is considered as “disabled” when there is a physical or mental impairment which substantially limits one of more major life activities, there exists a record of such an impairment, or if the person... More
  • Opinion Letters in Loan Transactions- An Added Cost for Borrower Legal opinion letters (“Opinion Letter”) have become a very valuable piece of a loan transaction for all parties involved.  More often, Lenders are now requiring that a Borrower’s counsel provide an Opinion Letter at the closing of a transaction.  An Opinion Letter addresses legal conclusions and opines as to the legal effect and legitimacy of the transaction and can be relied on by the Lender in a transaction. While the Opinion Letter is a valued commodity for the Lender to receive,... More
  • An Annual Guide to Holiday Displays in Apartment Communities December will be here very soon. With the change in the calendar comes Christmas, Hanukkah, and other holidays. Always a great time for kids and families. Santa Claus. Christmas trees. Menorahs. Decorations. For professional apartment management, however, the question of what to do (or not do) with respect to holiday displays and decorations comes up each year at this time. Leasing office staff members are required to balance the religious and holiday requests of all, while showing a preference to... More
  • No Shortcuts at Special Exception and Conditional Use Hearings Many times, at hearings to obtain either special exceptions or conditional use approvals, applicants, for one reason or another, are under the impression that they simply have to call one or two witnesses to confirm, in a cursory manner, compliance with the requirements for the requested relief. Unfortunately, that type of “short cut” approach can come back to bite the applicant in the you know what. A recent case, titled Appeal by Grande Land, LP v. Manheim Township Zoning Hearing... More
  • NJ Court Affirms Use Of Eminent Domain For Landfill A NJ appellate court ruled that the state’s Sports and Exposition Authority had the right to use eminent domain to acquire a landfill to continue solid waste disposal there. The Court held that the New Jersey Sports and Exposition Authority could use eminent domain to acquire the Keegan landfill. The agency also was not obligated to honor the terms of a prior agreement with the town of Kearny to turn the landfill into a public recreation space, dismissing the municipality’s allegations that the... More
  • SCOTUS Asked To Hear Tribal Land Condemnation Case A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The Tenth Circuit Court of Appeals held there is no federal law permitting tribal lands to be condemned. That Court affirmed a lower court’s decision. The Public Service Co. of New Mexico, also known as PNM, told the Supreme Court in a... More
  • Catching Up With Reader Assistance Animal Questions   First, let me go off topic for a minute to wish everyone a happy and healthy Thanksgiving holiday. As I do once a year, I want to give a special shout out to my wife (Hi Sweetie!) to see if she actually reads these posts. Assistance animal questions continue to dominate reader comments here at the Fair Housing Defense blog. As such, let me highlight a handful of points that regularly come up: Breed, size, and weight limitations may not be applied... More
  • Some Thoughts on Live-In Aides and Fair Housing   A Fair Housing Defense blog reader sent me a question about live-in aides which I thought I would answer with some general guidance in a post. First, in order to have a live-in aide, a resident would need to meet the definition of “disabled” (or handicapped) in the Fair Housing Act (FHA). Unless the need for the aide is obvious, management may obtain a medical verification confirming the need for the aide. The live in aide is considered a reasonable accommodation... More
  • DOJ Settles FHA Cases Alleging Sexual Harassment and Announces New Initiative to Fight Sexual Harassment The Department of Justice (DOJ) recently announced that it has settled a handful of cases in which plaintiffs made allegations of sexual misconduct under the Fair Housing Act (FHA) and resulting discrimination. In one case, DOJ resolved a complaint filed against a Housing Authority in Indiana in which the allegations concerned sexual misconduct and discrimination based on disabilities. Another case, this one from Michigan, also involved allegations of sexual discrimination. Shortly after announcing a resolution of these cases (as well... More
  • Proposed Mandatory Inclusionary Zoning in Philadelphia In June of this year, Councilwoman Maria Quinones-Sanchez of Philadelphia’s City Council introduced Ordinance No. 170678 to require all new and renovated residential development projects in the City of over 10 units to include at least 10% of the project units as “affordable”.  Under the terms of the ordinance, at least 25% of the affordable units have to exists on the project site, while the other 75% can either be built elsewhere or be addressed via a payment into the City’s... More
  • GA Supreme Court: Condemnees Must Be Given Appraisal Summary Before Condemnation The Georgia Supreme Court has ruled that the city of Marietta violated the Georgia Landowner’s Bill of Rights when it condemned a grocery store without providing a summary of its appraisal to the property owner. The City argued that these provisions were not mandatory. This was rejected by a unanimous Court explaining that the law is “an essential prerequisite to the filing of a petition to condemn,” and that because the city failed to fulfill that prerequisite, its petition to... More
  • More Delays Forthcoming with NPDES Permits The NPDES general permit for stormwater discharges associated with construction activities will expire on December 7, 2017. DEP has announced that the general permit will be administratively extended until December 7, 2018. This administrative extension will continue the terms and conditions of any open statewide general permit for a specific period of time following expiration of the general permit program; however, the only option for obtaining NPDES permit coverage from December 8, 2017, until a reissued PAG – 02 is... More
  • Louisiana Supreme Court Hears Eminent Domain Case   The Louisiana Supreme Court heard oral arguments whether St. Bernard Parish port officials violated Louisiana’s eminent domain laws when they seized a privately run port operation along a mile of Mississippi River frontage in 2010. The property owner argued that port officials were trying to take the property at a bargain price and transfer it to a competitor. Louisiana law provides that “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise... More
  • What Can Happen if a Builder Only Wants to Sell Homes to Members of One Religion? A real world example of developing a community without knowledge of or procedures to comply with the Fair Housing Act (FHA) is on display in Maryland right now. A developer started work on a community (with just under 60 homes) overlooking a river north of Baltimore. A number of homes were built and some people bought the first group of houses. All good, right? Not so fast. When the developer ran into financial troubles, he stopped working on the partially completed project.... More
  • Warrington Township, Bucks County On November 2, 2017, at 7:30 p.m., the Warrington Township Planning Commission intends to review an updated Comprehensive Plan for the Township. After this Comprehensive Plan is reviewed by the Planning Commission, it will then be sent, along with the Planning Commission’s recommendation, to the Board of Supervisors for review and action. Such action is likely to be taken before the end of the year. After the new Comprehensive Plan is adopted, the Board of Supervisors have indicated their willingness... More