One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
8/30/2016
/ CA Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Property Dedication ,
Property Owners ,
Property Valuation ,
Public Use ,
Real Estate Market ,
Reversal ,
Zoning Laws
As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more
7/13/2015
/ Agricultural Marketing Agreement Act of 1937 ,
Crops ,
Eminent Domain ,
Fair Market Value ,
Farms ,
Fifth Amendment ,
Horne v USDA ,
Just Compensation ,
Private Property ,
SCOTUS ,
Takings Clause
The Supreme Court is apparently not done with its recent interest in takings decisions. Following the decisions in Arkansas Game and Fish Commission v. United States, Horne v. Department of Agriculture, and Koontz v. St....more
In a unanimous opinion written by Justice Thomas, the Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v....more
For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more
Given how much publicity the proposal to condemn underwater mortgages received when it first appeared last summer, I suppose it's not surprising that San Bernardino's decision last week not to move forward has also garnered a...more
For the better part of a year, we've been writing about the controversial proposal to use the power of eminent domain to condemn underwater mortgages, allowing homeowners to have a new loan that better reflects the underlying...more
As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more
Originally Published in Daily Journal, January 15, 2013.
As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more
1/15/2013
/ Arkansas Game & Fish v U.S. ,
Attorney's Fees ,
Condemnation ,
DOT v Dry Canyon ,
Eminent Domain ,
Evidence ,
Fifth Amendment ,
Flooding ,
Jury Questions ,
Just Compensation ,
Loss of Goodwill ,
Mortgages ,
SCOTUS ,
Takings Clause ,
Underwater Homeowners ,
Valuation Experts
Originally Published in The Real Estate Finance Journal, December 17, 2012.
In eminent domain proceedings, property owners are granted the right to have a jury determine just compensation. But the presentation of...more
Eminent domain cases are unique in that the roles of the judge and the jury do not match the typical civil jury trial experience where the jury is the arbiter of fact and the judge decides the law. In eminent domain, the...more
Earlier this week, I spent a day in Los Angeles at a seminar involving regulatory takings issues. It featured a great panel of speakers on a variety of takings, eminent domain, and land use issues. (In fairness, you should...more