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U.S. Supreme Court Establishes New Test for Evaluating Property Rights Under the Takings Clause

by Holland & Knight LLP on

In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

by Nossaman LLP on

On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure...more

New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

by Roetzel & Andress on

As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

by Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Property Tax and Valuation TOPICS: Fall 2016

by Pullman & Comley, LLC on

October 1, 2016 Revaluations: If/When/How to Challenge Your Real Estate Property Assessment - Connecticut municipalities are required to carry out a general revaluation of all real estate within their boundaries at least...more

Do the Provisions of the Judicial Code Automatically Apply in Eminent Domain Cases? The Commonwealth Court Recently Said No.

On June 22, 2016, the Pennsylvania Commonwealth Court decided the case of Township of Millcreek v. Angela Cres Trust of June 25, 1998, 1725 C.D. 2015, which decided whether 42 Pa.C.S. § 5505 applies to eminent domain cases. ...more

Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

by Nexsen Pruet, PLLC on

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more

Nevada Amends Law Regarding Deficiency Judgment Calculation

by Ballard Spahr LLP on

By amending a statute that limits deficiency judgment amounts in certain cases, Nevada lawmakers have attempted to restore balance as the law applies to commercial properties. The amendments follow a recent wave of litigation...more

Agencies Cannot Make Conditional Final Offers of Just Compensation in Condemnation Actions

by Nossaman LLP on

In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys' fees and expert costs) when the public agency's final offer of compensation is unreasonable and the...more

A Public Agency’s Contingent Final Offer Of Compensation Is Not Reasonable

by Nossaman LLP on

In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys’ fees and expert costs) when the public agency’s final offer of compensation is unreasonable and the...more

When It Comes to Property Acquisitions and Private Development, Timing May Be Everything

by Nossaman LLP on

As the old adage goes, the three most important things to consider with real estate are location, location, and location. But any developer who has lived through a real estate cycle, and any public agency that is under a...more

Court Clarifies Rules for Recovery of Attorneys' Fees in Eminent Domain Actions

by Nossaman LLP on

In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more

Court Clarifies Rules for Recovery of Attorneys’ Fees in Eminent Domain Actions

by Nossaman LLP on

In California eminent domain actions, absent special circumstances (such as an abandonment, successful right to take challenge, or inverse condemnation finding), a property or business owner is typically only entitled to...more

Defining the “Larger Parcel” in Eminent Domain & Inverse Condemnation Actions

by Nossaman LLP on

When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more

Court Decision Confirms Shopping Center's Right To Limit Expressive Activity to Designated Areas

by Allen Matkins on

The California Court of Appeal recently affirmed a retail owner's right to limit expressive activity to areas designated in a written policy. The decision highlights the value of time, place, and manner policies to commercial...more

What Do You Do When The Bank Wants Your Condemnation Award?

by Nossaman LLP on

Property owners typically have a lot on their minds when they find out that the government is going to be taking their property. For residential owners, they need to worry about where they are going to live with their...more

St. Anthony, Minnesota to Pay $200,000 to Settle RLUIPA Suit Brought by Department of Justice

by Robinson & Cole LLP on

Earlier this year, we reported on the lawsuit filed by the U.S. Department of Justice (“DOJ”) against the City of St. Anthony Village, Minnesota (“City”) over the City’s denial of Abu Haraira Islamic Center’s (“Center”)...more

Township of Bridgewater, NJ to Pay $7.75 Million to Settle RLUIPA Suit Against Muslim Group

by Robinson & Cole LLP on

The Township of Bridgewater, New Jersey has agreed to pay nearly $8 million to settle a lawsuit over claims that its denial of Al Falah Center’s proposal to construct a mosque violated the Religious Land Use &...more

Recent Developments in Arizona Construction Law

by Snell & Wilmer on

Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more

Condemnation and Contamination: The Spectre of Double Liability

by Nossaman LLP on

Agencies acquiring private property for a public project conduct thorough investigations to determine whether the property has environmental contamination. If contamination is found, the question arises whether evidence of...more

Public Projects and Business Losses – Who Gets What and When?

by Nossaman LLP on

Most of us have been inconvenienced by road construction or other public works. Streets can be more congested, exits closed, and traffic re-routed, making it more difficult to get to the restaurants, yogurt shops, book...more

Relocation Benefits and Eminent Domain: How do they Fit Together?

by Nossaman LLP on

One issue that eminent domain attorneys face routinely involves helping businesses obtain the relocation benefits to which they are entitled under the law, while at the same time pursuing a claim for lost business goodwill. ...more

Recent Trends In Eminent Domain -- And What To Expect Next

by Nossaman LLP on

2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more

Court Decision Raises Questions About Viability of Precondemnation "Right of Entry" Efforts

by Nossaman LLP on

Last week, the Court of Appeal issued a decision that may be one of the ones we look back on as among the most significant of 2014 (at least in the world of eminent domain). For years (and certainly for the entire 20 years...more

2013 Eminent Domain Year in Review & 2014 Forecast

by Nossaman LLP on

It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more

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