Land Use Challenges Showcase What’s There for the ‘Taking’

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Nearly 100 years later, the Constitution was amended after the Civil War to include the Fourteenth Amendment, which created…

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Easements: How They’re Established, Extinguished And Much More

Easements are a long-recognized tool and staple of property transfer and ownership in the United States. They are a property right that can reflect an ownership interest in land to non-owners of the property which they encumber. The most basic definition of an easement is a right which runs with the land that allows a…

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Farmer Designation in Rhode Island Bears Fruit Via Relaxed Land Use Rules

It’s no secret that regulation, especially regulation pertaining to land and land development, is rapidly changing in Rhode Island. While being a farmer, developer, open space cultivator, or general owner of property in the state comes with its unique challenges, there are certain privileges available to landowners if they are willing to follow the advice…

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How You Can ‘Stop the Clock’ Against Claims of Adverse Possession

For most Rhode Islanders, there is no more exciting feat in their lives than when they can finally become homeowners. A home is often the largest investment many citizens make in their lifetime, so the gravity of the purchase is well warranted. Purchasing property comes with many complex aspects, some of which are extraordinarily easy…

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If You Don’t Use It, You May Lose It: Land Development Approvals

Picture this scenario: You have a residential development project that had conceptual approval from the local Planning Board two years ago. Under the local laws that existed when you applied for your approval, you were entitled to 60 market-rate dwelling units. But when you submit your engineering plans for the next phase of approval, you are…

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