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What Counts As an Exaction?
In Nollan v. California Coastal Commission, 483 US 825, and Dolan v. City of Tigard, 512 US 374, the United States Supreme Court established that constitutional scrutiny of government exactions is more stringent than constitutional scrutiny of other land use controls. Last month, the New York Court of Appeals addressed an issue not fully resolved by Nollan and Dolan: What counts as an exaction for takings clause analysis?
The Smith Case
Smith v. Town of Mendon (NYLJ 12/22/04, p. 19, col. 1) involved an application by the Smiths for site plan approval to build a single-family house on a portion of their 9.7-acre tract. Part of the tract, but not the proposed house, sat within areas classified by the Town Code as environmental protection overlay districts (EPODs). The first of these, a “steep slope” EPOD, prohibited construction and other activities without a development permit, which would be granted only if the landowner demonstrates that the proposed activity would not destabilize the soil, cause erosion, or destroy ground cover, and if the landowner demonstrates that there is no reasonable alternative to the proposed activity. The other EPODs, which apply to lands bordering a major creek, to established wooded areas, and to flood plains, include similar restrictions.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?