RESULTS FOR MEDIA CATEGORY: Iowa Real Estate & Land Use Blog

Mar. 1, 2012William R. Stiles, Iowa Real Estate & Land Use Blog
Court upholds twenty-one year limit on restrictive covenants; denies homeowners’ association the right to levy assessment

The Iowa Court of Appeals recently denied a homeowners’ association the right to levy assessments for common area maintenance and repair because the covenants creating the right to do so were over twenty-one years old.

Jan. 13, 2012Benjamin D. Bruner, Iowa Real Estate & Land Use Blog
US Supreme Court hears case involving rights of property owners

The United States Supreme Court recently heard arguments in Sackett v. EPA, which in its simplest form pits individual residential landowners against the Environmental Protection Agency (“EPA”) in a battle over some Idaho dirt. The battle involves a complicated statutory scheme of the Clean Water Act (“CWA”) which protects wetlands from development.

Aug. 7, 2011Benjamin D. Bruner, Iowa Real Estate & Land Use Blog
The sale-leaseback scenario

The “sale-leaseback” concept is not a new one, but it is one that is being utilized more and more in today’s economic climate as the financial and tax benefits can be numerous for both parties. In its simplest form, a sale-leaseback is a transaction in which the owner of property sells the property and simultaneously leases it back from the purchaser.

Jun. 24, 2011Benjamin D. Bruner, Iowa Real Estate & Land Use Blog
The un-neighborly neighbor: A recent private condemnation case

Green v. Wilderness Ridge, LLC, a recent Iowa Court of Appeals case, involved a private condemnation action brought under Iowa Code Section 6A.4(2). Said code section provides for a private right of condemnation where property is not otherwise accessible by a public roadway, but requires the selection of the “nearest feasible route” in doing so.

Jun. 24, 2011Benjamin D. Bruner, Iowa Real Estate & Land Use Blog
An unwanted “benefit” and bill: A recent special assessment case

In Gray v. City of Indianola (May 6, 2011), the Iowa Supreme Court examined the fairness of special assessments levied upon certain property owners. The district court had found that the property owners had been assessed in excess of the special benefits received from the project and reduced the assessments.

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