Ninth Circuit: Dennis Munden v. Stewart Title Guaranty Co.

Since the roadmaps were created under a state statute and designed, at least in part, to give owners in property notice of extant interests in their property, the road map is a public record for the purposes of the title insurance contract, and the insurers had a duty to defend the landowner against the otherwise unrecorded state road easement and right of way.

Policy exclusion for claims arising from public interests in roads applies to bar the claim, since the state is asserting such an interest, and the policy owner is opposing it.

One deft to pay the plaintiff's costs, and the plaintiff to pay the prevailing deft's costs.

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/13/20-35336.pdf

Second Circuit: DeSuze et al. v. Ammon et al.

 

Statutory notice and comment provision in affordable housing rent increase procedures that places local approval prior to federal consideration do not create a procedural interest under the APA where a subsequent rulemaking reverses that order.

Statute of limitations begins to run, at a minimum, when a reasonably prudent person would have been able to determine the nature of the claim, not when the precise mechanism is explicitly  identified. (Here, apparently, when one of two APA claims became apparent.)

Relevant statutory statute of limitations is a claims-processing rule, not a jurisdictional bar; the court can therefore consider a claim for equitable tolling.

As the agency actions were discrete instances, the continuing action doctrine does not save the claim against the S1983 statute of limitations.

DeSuze et al. v. Ammon et al.

Second Circuit: In Re: 650 Fifth Avenue Company & Related Properties

 

In determining probable cause for forfeiture, refusing to grant an adverse inference after discovery non-production is within the broad discretion afforded the court.

Deprivation of the commercial building's owners of the rights of management, including improvement, selection of and negotiation with tenants, and taking of rental revenues constituted a seizure.

Seizure of rental income is a form of taking the underlying property, not a taking of an interest in property, so the statute required appropriate procedures -- either a hearing or a finding of exigency.

Subsequent finding of probable cause doesn't retroactively justify the earlier taking of rents -- government must repay all rents seized prior to the court's finding.

In Re: 650 Fifth Avenue Company & Related Properties

Second Circuit: Perkins v. Commissioner

 

Treaty with Indian nation guaranteeing free use and enjoyment of land did not create a presumption of immunity from tax as an analogue to the general exemption in later private allotment Act.

Treaty with Indian nation guaranteeing freedom from taxes and assessments on the land, construed as the nation would have understood it, does not except usage and extraction by members of the tribe from taxation -- it merely addresses the possessory interest.

Perkins v. Commissioner

Eighth Circuit: Slawson Exploration Co., Inc. v. Nine Point Energy, LLC

A commitment to pay 10% of the oil-drilling costs to a development partner upon electing to participate in a development scheme does not sufficiently benefit the land to be considered a covenant that runs with the land and therefore binding upon successors in interest.

Recognition under state law of an easement under equitable estoppel does not establish that the state law would recognize an equitable servitude with identical burdens and benefits.

Although the contractual commitment to provide a portion of the development costs is a benefit, it doesn't sufficiently arise from the land to be considered a property interest.

Slawson Exploration Co., Inc.  v.  Nine Point Energy, LLC

Second Circuit: Keefe v. Commissioner of Internal Revenue

Petitioner's omission of necessary regulatory permissions and merely casual conversations about the prospect of rental sufficed to establish that the property wasn't regularly and continuously used in that manner.

Late tax filings in previous years are appropriately penalized given the present loss of the deduction.

Materially distinguishable precedent cannot be used to establish sufficient substantial authority to justify the earlier tax position.

Keefe v. Commissioner of Internal Revenue

Federal Circuit: Hardy v. US

Given that state law looks to intent of parties, deeds conveying a strip of land for purposes of a right of way conveyed a right of way -- the habendum clause merely held the easement to exist in fee simple, some deeds stated a reversionary interest for the easement, and the state took the burden of providing sufficient drainage for the use.

Hardy v. US

First Circuit: Harry, Jr. v. Countrywide Home Loans, Inc.

Fraud that voids a transaction ab initio does not toll or waive the relevant statute of limitations for actions to claiming fraud that voids a transaction ab initio.

Tolling a statute of limitations due to fraudulent concealment requires a threshold showing of due diligence by the movant, which can be disproved by delays in filing.

Acceleration of a mortgage note does not affect the time limits under state law on the right to foreclose.

Mortgagor does not have a private right of action against mortgagee under state mortgage licensing law.

http://media.ca1.uscourts.gov/pdf.opinions/16-2380P-01A.pdf

Third Circuit: Newark Cab Association v. City of Newark

The owner of a taxi licence has a Constitutional property interest in the licence, but not necessarily in its economic value. 

Sufficient rational basis for treating street-hail cabs differently than app-based services. 

City's licensing scheme does not use language that plainly expresses the intention to create a contractual obligation, and is not definite enough to bind by estoppel,.

http://www2.ca3.uscourts.gov/opinarch/171358p.pdf

Third Circuit: Lea Augustin v. City of Philadelphia

Property owners have sufficient interest upon which a due process claim can arise when a municipality files a perfected utility lien against the property, as it can cloud the title and complicate the property's use and value.

As a matter of law, the minimal deprivation of property rights imposed by the lien, the relative lack of difficulty in correcting errors or monitoring third-party compliance, and the value of the gas provided satisfy the due process interests of the landlords.

http://www2.ca3.uscourts.gov/opinarch/171216p.pdf

Fifth Circuit: Dennis Kirchner, et al v. Deutsche Bank Natl Trust

Where one spouse does not sign the loan note, but does sign the deed of trust which contains similar terms of consent, the loan is held to be sufficiently voluntary against both spouses.

http://www.ca5.uscourts.gov/opinions/pub/17/17-50736-CV0.pdf

Federal Circuit: Martin v. US

Prior to claiming a statutory private easement in public land along a public right of way, claimants must avail themselves of any available special use permit offered by the land manager; denial of such an application makes the case ripe for judicial review.

http://media.ca11.uscourts.gov/opinions/pub/files/201616544.op2.pdf

Third Circuit: Clientron Corp v. Devon IT Inc

As there was no showing that the misconduct benefited the defendants personally, District Court was correct in not piercing the corporate veil on a theory of sham, as corporate formalities should be considered differently with respect to closely held or family corporations.

 As the discovery sanction against one spouse, holding that a corporation held by a tenancy by the entirety was in fact an alter ego, created a split between federal substantive law for the discovery sanction and state substantive law for the co-tenant by the entirety, it was an abuse of discretion.  Under state law, both who hold by a tenancy of the entirety are presumed to act for the benefit of the marriage.

http://www2.ca3.uscourts.gov/opinarch/163432p.pdf

Seventh Circuit: Chicago Joe's Tea Room, LLC v. Village of Broadview

Denial of equitable relief can suffice for interlocutory appeal despite pendent unresolved damages.

Sufficient standing for the owner where owner leases to a party who leases to another party for use barred by the action in question.

Claim arising from municipality's barring of the use is moot, as the lessee's planned use would always have violated governing law, so enforcement of the municipal regulation is not barred by the vested rights doctrine; an earlier finding of licit use does not bind under law of the case, as it is a subjective, discretionary consideration of jurisdiction, and there is no indication that the earlier finding considered the relevant statute. 

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-29/C:16-1989:J:Hamilton:aut:T:fnOp:N:2178625:S:0

Fifth Circuit: Fallon Family, L.P. v. Goodrich Petroleum Corp.

Under state law, where a continuing contractual scheme of payments for a mineral lease is not reflected in the property's recordation, a party to the contract cannot exercise the power of dissolution against the debtor-in-possession counterparty otherwise liable for the pre-petition payments, as the latter has acquired the status of bona fide puchaser for value.

http://www.ca5.uscourts.gov/opinions/pub/17/17-20278-CV0.pdf

Federal Circuit: Chicago Coating Company v. US

As the deeds of conveyance to the railway were in quitclaim form, a presumption of conveyance in fee simple arises.  Reference in one case to a right of way is insufficient to overcome this presumption, as it was likely used to identify the existing easement that ran across the property to be conveyed.  Right of re-entry doesn't argue either way, but a reverter in the second deed further reinforces the conveyance in fee simple.  Etc, etc.

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-2198.Opinion.6-7-2018.1.pdf

Eighth Circuit: Civic Partners Sioux City, LLC v. Main Street Theatres

Contracts, Property



Covenant outside the lease to obtain the consent of a third party prior to the ending of a lease did not bar the ending of the lease according to the lease's plain terms.  Lease's commitment to make payments between the parties did not bar the ending of the lease.

Although the third party was a more than incidental beneficiary of the lease, this would merely provide a cause of action upon breach.


 Civic Partners Sioux City, LLC  v.  Main Street Theatres

Seventh Circuit: Kathryn Marchetti v. Chicago Title Insurance

Property, Insurance


Title insurance satisfied claim and was properly subrogated in ensuing action by redress of the capital losses on a fraudulent transaction for land, so long as all other claims were barred through release or preclusion.


Kathryn Marchetti v.   Chicago Title Insurance

Eigth Circuit: United States of America v. U.S. Bank National Association

Property

Under state law, a substantial delay in recordation of a successor deed can preclude a finding that a lien interest perfected against the earlier deed attaches with no loss of priority to the second instrument.

Dissent - state would apply equitable principles.


United States of America  v.  U.S. Bank National Association

First Circuit: Pacific Indemnity Company v. Deming

Contracts, Property (a bit)

Under state law, a condo rule requiring purchase of insurance with a waiver of subrogation does not effectuate the waiver where the purchased policy merely permits an ex ante waiver of subrogation against a specific claim.


Pacific Indemnity Company v. Deming