How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
Uncovering Factory Farming - The Effects of Ag Gag Laws
A Moment of Simple Justice - Undercover Lover
Trial by Jury: Why It Matters in a Democratic Society
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Portending what is likely to be a significant legislative session for local government powers and real property rights in North Carolina, the first "substantial" bill introduced in the 2015-2016 session of the North Carolina...more
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
Notable 2014 Case Law:
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
Construction lawyers may not ponder the great questions in life.
We leave that to the estate planning attorneys.
But ponder we do.
And the next case, as I’ll explain below, “kind of” answers 10 important...more
As we have reported in the past, public agencies are often faced with deadlines to secure possession of necessary right of way and ensure project funding. Given the amount of time it takes to secure possession through the...more
In Olive Lane Industrial Park, LLC v. County of San Diego (July 18, 2014, D063337) -- Cal.App.4th --, the Court of Appeal considered whether the owner of property acquired by eminent domain could attain prospective property...more
Californians who have owned their properties for years understand the benefits of Proposition 13: their property taxes are based upon the property's purchase price (with only small allowable annual increases), as opposed to...more
Just a few months ago, the California Court of Appeal handed down a significant decision in Property Reserve v. Superior Court which nearly eviscerated public agencies' ability to make use of the statutory "right of entry"...more
Recently, the Seventh Circuit Court of Appeals denied a challenge to a municipal tax on the demolition of real estate based on the strict enforcement of the Tax Injunction Act. This decision reinforces long-standing...more
Along with my colleagues Brad Kuhn, Ben Rubin, and Katherine Contreras, I'm here in Hartford at the IRWA Annual Education Conference. It's been an interesting few days as we discuss eminent domain issues in the shadow of New...more
Provisions of California’s Eminent Domain law known as the “entry statutes” have for decades provided a mechanism for a condemnor, prior to initiating condemnation proceedings, to obtain a court order allowing it to enter...more
Eminent domain presupposes that the government desires to acquire a property interest for a public project. The public project can be a road or a school or something far more exotic (think acquisition of an NFL team, as in...more
PROPOSED AMENDMENTS TO THE REAL ESTATE TRANSFER TAX ACT -
The most recent draft of the Austrian Budget Accompanying Act of 2014 (Budgetbegleitgesetz, BudBG 2014) provides for, inter alia, a calculation basis for the...more
For the first time in 38 years, a court has declared part of California’s statutory eminent domain law unconstitutional. The ruling, if upheld, will create additional hurdles for public agencies and may have unintended...more
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
For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action....more
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
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
Traditional eminent domain trial work is unique. Liability, in the true sense of the word, is not at issue, and very often there is only one simple question for the jury to answer – what amount of money will adequately and...more
In what is commonly known as a rails-to-trails case, the U.S. Supreme Court held on March 10, 2014, in an eight-to-one decision, that certain railroad rights-of-way revert to private property owners following the railroad’s...more
The "Rails-to-Trails" program sounds like such a great idea in theory: take old, abandoned railroad right of way and turn it into public trails. Who would complain about that? Well, it turns out lots of people might...more
I saw a couple of California redevelopment-related stories over the past week that seemed worthy of at least a brief comment.
First, a court decision involving a rather bold argument by a public agency. ...more
Koontz v. St. John’s River Water Management District 133 S.Ct. 2586 (2013) -
In our last real estate tip, we saw how the U.S. Supreme Court under the Nollan and Dolan cases test conditions of approval under the 5th...more
Landowners and developers often complain that their property rights have been “taken” from them as the result of conditions of approval imposed by a planning board. After all, the U.S. Constitution’s 5th Amendment enshrines...more
As you may recall, last December we reported on the U.S. Supreme Court's decision in Arkansas Game and Fish Commission v. United States, in which the Supreme Court held that government-induced flooding of limited duration may...more
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