Land Use Tax Policy – How Unfair is Fair?
“This is a case of fundamental unfairness masquerading as rational tax policy” “This is a case which plumbs the depths of how unfair a government can be to taxpayers and…
So When Is An Abandoned Road Abandoned Anyway?
That was the question facing the Rhode Island Supreme Court when neighbors sued to claim title to a former road that clearly had not been used, maintained or repaired…
Protecting a “Million Dollar Water View” with Restrictive Covenants
While a picture may be worth a thousand words, a Rhode Island ocean view may be worth millions, if not in fact be priceless, if a little-noted Rhode Island…
Are Property Owners Liable for an Oil Release on Their Property Even if it Occurred Before They Owned the Property?
Rhode Island’s penchant for strict liability for releases of environmental contaminants appears to be getting even stricter. A recent Superior Court decision just held that a property owner who owned…
Rhode Island and Massachusetts Issues on the Siting of Potentially Hazardous Facilities Will Get National Attention
An American Bar Association Webinar will bring to a national audience Rhode Island’s and Massachusetts’ experience with the proposed development of a LNG facility as part of a discussion of…
Title Problems May Occur Where You Least Expect to Find Them
Recently a buyer who was purchasing waterfront property in Rhode Island said when we were discussing what due diligence should be conducted: I am sure the title must be fine;…
What’s the Buzz in Real Estate and Environmental Law
Getting the Right Information. I was recently reminded—more about that later—of questions I have received from younger lawyers about the best way to stay current on developments, legal and…
A Real Estate Developer’s Worst Nightmare Gets Even Worse
To all those developers rushing off to federal court to sue because state regulations preventing development have “taken” your property without just compensation—NOT SO FAST! And to all those…
Is Wind Energy Facing Stiff Headwinds?
In the coming years, could wind energy be facing stiff headwinds, solar energy cloudy days, and wave energy turbulent seas? Wind at Their Backs Well, not if you listen to…
Memo to Real Estate Dealmakers: You Had Better Lawyer-Up From the Get Go!
That’s the lesson I take away from a recent, and stunning, U.S. Ninth Circuit Court of Appeals decision that found a legally binding and enforceable contract for a highly complex…