Real Estate & Property Law

Suburbs should plan how to encourage diversity to avoid Ferguson situation, say housing lawyers

Noting the protests and community tensions after Michael Brown was shot and killed by a police officer in Ferguson, Missouri, some lawyers and sociologists are urging suburban leaders to rethink how they handle diversity as their towns gain more residents of color. “Ferguson is a cautionary tale,” Jay Readey, executive…

Oct 3, 2014 1:27 PM CDT

SCOTUS to consider whether housing discrimination claims can be based on disparate impact

The U.S. Supreme Court has agreed yet again to consider whether discrimination claims brought under the Fair Housing Act can be based on proof of disparate impact rather than intentional discrimination. The court has twice accepted cases posing the issue, and twice the cases have settled before a Supreme Court…

Oct 3, 2014 9:54 AM CDT

In rural America, there are job opportunities and a need for lawyers

Wishek, North Dakota, is 90 minutes southeast of Bismarck and roughly six hours from either Minneapolis-Saint Paul or Winnipeg, Manitoba. Settled by ethnic Germans fleeing Russia, it’s a farm community on the opposite end of the state from North Dakota’s oil boom. As a result, Wishek hasn’t seen the influx of people and money causing problems for its northern neighbors. Though it’s the biggest city in McIntosh County, it’s still pretty small—the 2010 census counted 1,002 people.

Oct 1, 2014 5:40 AM CDT

Alabama attorney spends a year in Uganda helping to fight land grabs

Birmingham, Alabama, lawyer Scott Adams normally turns to trusts, estates and other legal devices to help clients protect their property rights. But for the year that concluded last spring, Adams helped protect property more directly: He fought thieves who stole land and livelihoods from poor families in Uganda. Adams volunteered…

Oct 1, 2014 4:40 AM CDT

US will pay Navajo Nation $554M to settle suit claiming mismanagement of resources

The United States has agreed to pay the Navajo Nation $554 million in a record settlement with an American tribe in litigation over mismanagement of tribal resources. The payment settles a 2006 lawsuit claiming that the U.S. government failed to maximize profits when it leased Navajo land for purposes such…

Sep 26, 2014 10:00 AM CDT

Uproar over Forest Service plan to require media to get permits to take wilderness photos

A furor has ignited over a U.S. Forest Service plan to require members of the media, as well as commercial photographers, to pay up to $1,500 for a permit before taking video or still shots in some 36 million designated federal wilderness acres. Amidst criticism from both Democratic and Republican…

Sep 25, 2014 4:50 PM CDT

Judge rules against billionaire in beach-rights case, says he can’t close access road without permit

A billionaire who co-founded Sun Microsystems can’t simply close off longstanding public access to the California beach on a coastal property he purchased in 2008 for $32.5 million. Taking a broad view of what constitutes development under the state’s Coastal Act, Judge Barbara Mallach held Wednesday that Vinod Khosla cannot…

Sep 25, 2014 9:55 AM CDT

Owner of nearly completed home, challenged as too modern, wins in court

An architect who built a modern home in a historic North Carolina neighborhood may be able to wrap up construction and move in as a result of a judge’s decision last week. Judge Elaine Bushfan told lawyers by email that a neighbor did not have standing to challenge a decision…

Sep 15, 2014 6:15 AM CDT

Nonprofit wants to buy home of slain lawyer to house trafficking victims

The children of a slain Tennessee lawyer and his wife are interested in selling the couple’s property to house victims of human trafficking, according to a nonprofit group that would run the operation. Rest Stop Ministries director Rondy Smith told the Tennessean that the couple’s children “saw this as a…

Sep 5, 2014 6:15 AM CDT

Former managing partner embezzled $30M from law firm and affiliated title company, suit says

Updated: A former managing partner of a well-known Atlanta real estate boutique has been sued by the law firm and an affiliated title company for allegedly embezzling $30 million. The suit says Nathan E. “Nat” Hardwick IV diverted funds from operating and trust accounts at Morris Hardwick Schneider and LandCastle…

Aug 27, 2014 6:35 PM CDT

Defunct law firm must still pay for sublease in Manhattan, court rules

Corrected: An appellate court has ruled that defunct law firm Arkin Kaplan Rice cannot escape paying the sublease on its former office space in Manhattan. On Thursday, the New York State Supreme Court Appellate Division, First Department, ruled that the defunct firm is on the hook for its sublease for…

Aug 22, 2014 6:15 PM CDT

Delaware is first state to adopt model law that says social media accounts can be inherited

When individuals die their social media accounts often expire along with them. Even if their loved ones have the passwords, terms of use for Facebook and other providers routinely restrict account-sharing. But a uniform law that Delaware reportedly has become the first state to enact changes this expectation, recognizing social…

Aug 20, 2014 4:20 PM CDT

Solar power towers are igniting birds in midair; wildlife protection groups are concerned

In the quest for clean energy, some birds are feeling the heat. Because of the concentration of sunlight by garage-door-size mirrors that reflect solar rays onto boiler towers as high as 40 feet, birds are igniting in midair at a $2.2 billion plant on the California-Nevada border. Observations suggest birds…

Aug 18, 2014 10:20 PM CDT

Neighbor of chief federal prosecutor faces graffiti charge for tagging boundary fence

An 82-year-old neighbor of a federal prosecutor in New York City is facing a graffiti charge for tagging a boundary fence between their properties. However, a lawyer for Sylvia Kordower-Zetlin said his client was simply protecting herself against a potential adverse-possession claim when she marked the fence, reports the New…

Aug 18, 2014 3:40 PM CDT

Suit claims boiler room operation recruited plaintiffs in alleged law firm mortgage rescue scam

The states of Florida and Connecticut have obtained a temporary restraining order in a suit claiming two law firms and related defendants collected at least $4.7 million in upfront fees from consumers in an alleged mortgage rescue scam. Among the eight defendants are the Berger Law Firm, a Florida corporation,…

Aug 13, 2014 6:27 PM CDT