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Retail Property Values and Land Use Regulation: Judicial Approaches to Measuring Diminution of Value and Strategies to Redress Loss of Property Value
Part One of this article discussed the Penn Central multifactor takings test. The conclusion addresses the “whole parcel” rule announced in Penn Central as well as the two-part takings test established by Agins v. City of Tiburon, 447 U.S. 255 (1980) and suggests strategies to redress loss of property values due to regulations.
The Whole Parcel Rule
In Penn Central, the Supreme Court stated that a landowner may not “divide a parcel into discrete segments and then attempt to determine whether rights in a particular segment have been abrogated.” In other words, Penn Central could not base its takings claim solely on its rights to the airspace above the terminal. This so-called “segmentation issue” can be extremely important to the outcome of a takings claim. The rule announced in Penn Central is sometimes referred to as the “whole parcel” or “denominator” rule. It determines how the unit of property or relevant parcel is defined for purposes of the court's takings analysis.
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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.
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?