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Vacation Village Inc. v. Clark County, Nevada
County’s height restriction on airport-adjacent land amounted to per se regulatory taking, entitling property owner to just compensation.
Real Property Jul. 23, 2007
Starrh and Starrh Cotton Growers v. Aera Energy LLC
$3.8 million award for continuing trespass is reversed where jury must determine whether restoration costs to abate pollution were reasonable.
Real Property Jul. 22, 2007
Kinney v. Overton
Party has no interest in property that would support cause of action for quiet title.
Real Property Jul. 18, 2007
Hartzheim v. Valley Land & Cattle Co.
Intra-family transfer of real property did not trigger right of first refusal in lease where lessor transferred property to grandchildren.
Real Property Jul. 17, 2007
Daro v. Superior Court (Foy)
Tenants evicted under Ellis Act lack standing to bring Unfair Competition Law claim for owners' failure to comply with Subdivided Lands Act.
Real Property Jul. 5, 2007
Episcopal Church Cases
Local congregation that disaffiliates from general church cannot take parish property where governing instrument provides for trust on local church members' property.
Real Property Jun. 27, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property Jun. 24, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property Jun. 22, 2007
Daro v. Superior Court (Foy)
Tenants evicted under Ellis Act lack standing to bring Unfair Competition Law claim for owners' failure to comply with Subdivided Lands Act.
Real Property Jun. 8, 2007
Daro v. Superior Court (Foy)
Tenants evicted under Ellis Act lack standing to bring Unfair Competition Law claim for owners' failure to comply with Subdivided Lands Act.
Real Property Jun. 7, 2007
Dina v. People ex rel. Dept. of Transportation
Trial court may determine liability issues in eminent domain proceeding to conclude property owners could not support inverse condemnation and nuisance claims.
Real Property Jun. 6, 2007
Dina v. People ex rel. Dept. of Transportation
Trial court may determine liability issues in eminent domain proceeding to conclude property owners could not support inverse condemnation and nuisance claims.
Real Property Jun. 5, 2007
Carr v. Kamins
Judgment quieting title to property by adverse possession is vacated where owner's daughter lived on property but never received service by publication.
Real Property Jun. 1, 2007
Kalway v. City of Berkeley
Court refuses to allow landowner to deed parcel to his wife in effort to circumvent societal benefits of Subdivision Map Act.
Real Property Jun. 1, 2007
Carr v. Kamins
Judgment quieting title to property by adverse possession is vacated where owner's daughter lived on property but never received service by publication.
Real Property Jun. 1, 2007
Kalway v. City of Berkeley
Court refuses to allow landowner to deed parcel to his wife in effort to circumvent societal benefits of Subdivision Map Act.
Real Property Jun. 1, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property May 30, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property May 29, 2007
L&B Real Estate v. Los Angeles County Housing Authority
Low income housing development belongs to Housing Authority, not real estate company, after tax deed is invalidated.
Real Property Apr. 16, 2007
Amalgamated Bank v. Superior Court (Corinthian Homes)
Judgment creditor may not bring action to set aside sale in order to deny third party purchaser of interest in property.
Real Property Apr. 16, 2007
United States v. 191.07 Acres of Land
Because stipulated dates of taking were prior to filing of declaration, district court correctly found issue of just compensation was part of inverse condemnation action.
Real Property Apr. 13, 2007
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes.
Real Property Mar. 28, 2007
North Kern Water Storage District v. Kern Delta Water District
In water rights case, court erroneously holds that release water cannot be basis for measurement of actual entitlement.
Real Property Mar. 20, 2007
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Statutory 'quick-take' eminent domain actions do not deprive landowner of its right to just compensation and thus are not unconstitutional.
Real Property Mar. 9, 2007
Stardust Mobile Estates v. City of San Buenaventura
Landlord may be entitled to adjustment in 'base rent' amount if it was charging artificially low rent when 'base rent' amount was set.
Real Property Mar. 7, 2007
Dyer v. Martinez
Document does not provide constructive notice unless and until it is recorded and can be located by diligent title search.
Real Property Mar. 7, 2007
Ciraulo v. City of Newport Beach
Contractor's misconduct in failing to obtain building permit is attributable to homeowners who delegated responsibility for obtaining permit to him.
Real Property Feb. 22, 2007
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Date of valuation of property in 'quick take' eminent domain proceeding is date of deposit of probable compensation.
Real Property Feb. 21, 2007
Stone v. Center Trust Retail Properties Inc.
Entry of judgment of possession in unlawful detainer action gives rise to landlord's duty to inspect property and conduct periodic inspections thereafter.
Real Property Feb. 16, 2007
Manderville v. PCG&S Group Inc.
Buyer's claim for intentional misrepresentation is not precluded by exculpatory clauses in purchase agreement nor by buyer's failure to investigate.
Real Property Feb. 16, 2007