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Is Your Property Next? California Authorizes Condemnation of Fresno County Property for High Speed Rail Project

The California High-Speed Rail Authority’s (the “Authority”) first request to seize a parcel in Fresno County through eminent domain has been approved by the State Public Works Board (the “SPWB”), the state agency that...more

Caltrans to Finally Sell Those Homes it Purchased 50+ Years Ago for the 710 Freeway

More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). That...more

Property Owners May Not Recover Precondemnation Damages for Decline in Property Values - Appellate Court Rules That Property...

In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship...more

Condemnation Changed (Permanently?) In Virginia

On November 6, Virginia voted by a nearly 3-1 margin to amend the state constitution and drastically change eminent domain law. The constitutional amendment may ultimately be the source of quite a few unintended consequences...more

Determining the Scope of the Resolution of Necessity in Eminent Domain Actions

Before a public agency can exercise the power of eminent domain, it must adopt a resolution of necessity making certain findings in support of the taking of property. The resolution defines the scope of the agency's...more

Supreme Court Rejects Railroad Commission Approval of Common Carrier Status in Condemnation Cases

On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the Ninth Court of Appeals to affirm the common carrier status and the eminent domain authority of a carbon dioxide (CO2) pipeline company,...more

Ernest Ybanez v. United States

Liablity ruling in favor of rails-to-trails landowners

The Court of Federal Claims has issued another ruling in favor of rails-to-trails reversionary interest landowners. The takings issue in the rails-to-trails context arise when the federal Surface Transportation Board issues...more

In New Jersey, a Property Owner May Recover Consequential Business Losses for a Temporary Taking

On August 27, 2009, the New Jersey Appellate Division, in State of New Jersey, by the Commissioner of Transportation v. Arifee, et al.,1 upheld a trial court decision, dismissing the condemnation complaint of the Commissioner...more

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