United States: Land Law & Agriculture

In Washington State, the government can utilize the power of “eminent domain” to take, even forcibly, private property owned by an individual. Indeed, the property owner cannot refuse to “sell” when the government properly exercises its eminent domain powers.

In Rockwell v Despart (87 Misc3d 233 [Sup Ct, Albany County 2025]), the trial court extinguished and declared unenforceable a restrictive covenant that the subject property remain “forever wild” in the loving memory of a decedent. The covenant was supposed to “run with the land,” and a subsequent purchaser was well-aware of the covenant and paid below market value because of it. Yet, the purchaser ultimately prevailed in extinguishing the covenant. The Albany County Supreme Court’s Decision, Order, and Judgment was appealed to the Appellate Division, Third Department, is fully briefed, and is awaiting oral argument.

The U.S. Department of Agriculture has proposed major changes to foreign investment disclosure rules for agricultural land, expanding definitions and tightening requirements that could significantly impact commercial real estate, energy companies, and institutional investors. What will USDA's next steps be, and how might administrative law principles shape the final rule and potential litigation? Arnold & Porter attorneys with AFIDA expertise and administrative law experience examine the proposed rule, publ

The recent resurgence of the New World screwworm (NWS), Cochliomyia hominivorax, has prompted renewed regulatory action by the U.S. Department of Agriculture (USDA) and raised concerns across the livestock industry.NWS is a parasitic fly whose larvae infest open wounds and feed on the living tissue of cattle, wildlife, pets, and other warm-blooded animals, causing serious injury and economic losses.

Disputes involving easements are a common real property topic in Washington that frequently results in litigation. An easement is a property right separate from ownership that allows the use of another person’s land without compensation.

Boundary line disputes represent a highly common real property conflict in Washington. These disputes typically arise when the physical boundary line between adjoining parcels of land is uncertain, disputed, or inconsistent with public records, monuments, or landmarks.

The U.S. Department of Justice and DEA have issued a landmark order rescheduling FDA-approved marijuana products and state-licensed medical marijuana from Schedule I to Schedule III of the Controlled Substances Act.

California has extended protections to certain mountain lion populations under the California Endangered Species Act, introducing new regulatory requirements for development projects in affected regions. The designation prohibits actions that may harm these populations and requires developers to obtain incidental take permits, potentially affecting project timelines, costs, and feasibility in the Central Coast and Southern California.

On April 9, 2026, the Supreme Court of Virginia decided Thibault Enterprises, LLC v. Yost[1], a dispute involving a 50-foot easement, a gravel road, grapevines...