Welcome to CityLand‘s sixth annual top ten stories of the year! We have selected a range of our most popular and prominent stories, and guest commentaries concerning New York City land use in 2017. Our 2017 coverage was highlighted by articles concerning the approval of construction safety training for construction workers, proposals for the creation of more affordable housing, neighborhood rezonings, the protection of landmarks, and a guide on tort liability for injuries involving trees. We at CityLand are excited to continue providing in-depth coverage of the latest land use projects, cases, and legislation in 2018 and look forward to seeing what the year will bring. Thank you for all of your support and have a happy new year! (read more…)

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Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there “were indications of the development of a different rule as to urban land.”  Today, after many developments in the law of negligence and nuisance, coupled with statutory enactments and changes in the law of immunity, there are significant liability risks to the City for injuries caused by trees. (read more…)