News & Publications

The United States Supreme Court granted certiorari on September 29, 2023 in Sheetz v. County of El Dorado, a case that challenges the County of El Dorado's requirement that a property owner pay a Traffic Impact Mitigation Fee (TIM) as a condition to a development permit. By taking the case under review, the Court is expected to clarify the circumstances under which an exaction authorized under state law violates the Takings Clause of the Fifth Amendment [...]

According to the Census Bureau, the U.S. homeownership rate has consistently hovered around 66% for some time, but this does not mean purchasing a home—rather than renting—is the right choice for everyone. The decision to rent or buy is one that can cause heated debates, and while the American Dream was to own a house with a white picket fence, that may not be the American Dream for people today. With that being said, both [...]

Tricky succession issues are cropping up in many co-ops when it comes to who can inherit apartments when a shareholder dies. Old, and often outdated, proprietary leases stipulate that upon the death of a shareholder, his or her cooperative shares and accompanying proprietary lease may be transferred to a surviving spouse without the consent of the cooperative board. With the definition of family changing, however, boards need to make sure their corporate documents reflect the times — and the will of the majority [...]