Real Estate & Property Law

Jan. 7, 1795: The Yazoo Land Fraud Becomes Law

A state-sanctioned land grab tested issues of state sovereignty and federal power in the newly independent United States. Claims under the Yazoo Land Act ultimately were resolved by the Supreme Court in Fletcher v. Peck.

Jan 1, 2018 1:00 AM CST

Another lawsuit makes racketeering claims against state-legal marijuana business

Another lawsuit has been filed alleging Racketeer Influenced and Corrupt Organizations Act claims against a marijuana business, Bloomberg Businessweek reports.

Dec 15, 2017 8:00 AM CST

Law firm billed criminal defendants for prosecution fees; building-code violation brings $31K bill

Building-code violators in two California municipalities are being billed for their own criminal prosecutions after the cities hired a law firm and authorized it to bill defendants for its prosecution services. The towns of Coachella and Indio hired the law firm Silver & Wright, which bills not only for its…

Nov 20, 2017 12:12 PM CST

Colorado’s marijuana business is a criminal conspiracy to the feds

Under federal law, the decriminalized marijuana industry is in a slightly precarious position. Congress has prevented the Department of Justice from interfering with state-legal medical marijuana, but it left the DOJ free to enforce federal law against state-legal recreational marijuana businesses.

Nov 1, 2017 1:40 AM CDT

Suits target government’s decision to release reservoir water during Hurricane Harvey

Dozens of lawsuits have been filed on behalf of Houston homeowners seeking compensation as a result of a federal decision to release water from two reservoirs during Hurricane Harvey. The homeowners contend the release by the U.S. Army Corps of Engineers amounts to an improper taking under the Fifth Amendment,…

Oct 24, 2017 8:00 AM CDT

Zoning regulations are problematic for tiny-house buyers

Tiny-house buyers have to cope not only with the challenges of living in a smaller space. There are also zoning regulations that make it difficult to find a spot for the homes.

Oct 10, 2017 7:00 AM CDT

Federal judge tosses suit claiming Zillow ‘Zestimates’ violate appraisal law

A federal judge in Chicago on Wednesday tossed a lawsuit claiming Zillow is violating the Illinois appraisal law with its online “Zestimates” of market value. U.S. District Judge Amy St. Eve said there was no violation of state law requiring that appraisals be done by licensed appraisers, and cited two…

Aug 24, 2017 10:53 AM CDT

Judge tosses CFPB suit claiming Kentucky law firm paid kickbacks through joint-venture title firms

A federal judge has sided with a Kentucky law firm sued by the Consumer Financial Protection Bureau for alleged kickbacks for real-estate work referrals. U.S. District Judge Charles Simpson III found no violation of the Real Estate Settlement Procedures Act and tossed the suit against the law firm, Borders &…

Jul 17, 2017 11:27 AM CDT

ABA unveils free online tool to help veterans identify legal needs

Veterans who need help identifying legal needs in their lives can take advantage of a new online tool.

Legal Checkup for Veterans, a free website, is part of a signature initiative by ABA President Linda A. Klein to improve legal services for veterans, according to an ABA press release.

Jul 5, 2017 7:00 AM CDT

American attorneys partner to save endangered African wildlife

Working with a public interest law firm in Namibia and the ABA Section of State and Local Government Law, American attorneys set out to improve the country’s wildlife laws—and strengthen their enforcement—with the aim of saving more Namibian animals.

Jul 1, 2017 12:50 AM CDT

Judge orders law firm to pay $3.1M to condo association for negligence enabling contractor fraud

A Nevada judge has ordered a law firm to pay $2.4 million in damages and $700,000 in interest to a homeowners association for failing to supervise an associate who enabled contractor fraud. The law firm, Kummer Kaempfer Bonner Renshaw and Ferrario, is now known as Kaempfer Crowell, the Las Vegas…

Jun 30, 2017 2:11 PM CDT

Supreme Court rules against property owners in takings case

The U.S. Supreme Court on Friday ruled against four siblings who contended zoning regulations constituted a taking of their Wisconsin vacation property.

The court ruled that there was no regulatory taking that required compensation to the landowners. Justice Anthony M. Kennedy wrote the majority opinion (PDF).

Jun 23, 2017 9:28 AM CDT

How government actions, not personal choices, created segregated neighborhoods (podcast)

Richard Rothstein spent years studying why schools remained de facto segregated after Brown v. Board of Education. He came to believe that the problem of segregated schools could not be solved until the problem of segregated neighborhoods was addressed—and that neighborhoods were de jure segregated, not de facto.

Jun 21, 2017 8:30 AM CDT

‘Invasion of seclusion’ tort is alleged in suit over Zillow Zestimates

Updated: A suburban Chicago homebuilder has filed a would-be class action suit on behalf of Illinois homeowners over Zillow’s Zestimates of home values. The suit filed by CastleBldrs.com and its owners claims Zillow is committing the tort of invasion of seclusion and violating Illinois appraisal law, report the Chicago Tribune,…

May 23, 2017 10:02 AM CDT

Cities need more than foreseeable damages to file fair housing cases against banks, SCOTUS says

When determining if a municipality meets the Fair Housing Act’s definition of an “aggrieved person” for litigation, courts must determine if there’s a direct relationship between alleged conduct and actual harm, the U.S. Supreme Court found Monday. The consolidated cases, which allege that Bank of America and Wells Fargo engaged…

May 1, 2017 11:38 AM CDT