News & Analysis as of

Condemnation

Leftover Land? When the Government Takes Part of Your Property, What Happens to the Rest?

by Faegre Baker Daniels on

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

ITC Macomb-Orchard Trail Subject of Media Attention

by Clark Hill PLC on

ITC’s filing of numerous condemnation lawsuits was the subject of press coverage by the Macomb Daily and WXYZ Television. I have discussed my representation of a large ownership group being impacted by ITC’s takings that...more

Rover Files Pipeline Condemnation in Federal Court

by Clark Hill PLC on

Rover has initiated one mass filing against all property owners in the United States District Court, Eastern District of Michigan. Rover Pipeline has been acquiring property rights in Washtenaw and Lenawee Counties....more

ITC Files Next Batch of Adams Spokane Vegetation Management Easement Cases

by Clark Hill PLC on

ITC has filed multiple condemnations in Macomb County Circuit Court seeking expanded vegetation management easements. I previously detailed ITC issuing good faith offers as a prelude to filling new condemnations seeking...more

Texas Central Rail Project Under Attack

by Locke Lord LLP on

The Texas Central Rail Project is a potential high speed passenger rail system connecting the DFW area and Houston. Texas Central Partners, LLC (Texas Central) is a private entity that serves as the project developer. Various...more

Texas Supreme Court Rules Pipeline Can Take Land by Eminent Domain

by Snell & Wilmer on

On January 6, the Texas Supreme Court ruled that the Denbury Green Pipeline-Texas LLC (“Denbury Green”) could take private property by eminent domain. In Denbury Green Pipeline-Texas LLC v. Texas Rice Land Partners Ltd., the...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

ITC Issues Good Faith Offers for Adams-Spokane Line in Washington Township

by Clark Hill PLC on

ITC is seeking expanded vegetation management rights from property owners in Washington Township. ITC has issued numerous good faith offers to property owners in Washington Township. The offers, which are being received...more

MDOT Files New Bridge Condemnations

by Clark Hill PLC on

Notwithstanding Maroun Court of Claims lawsuit attacking propriety of the Gordie Howe Bridge Project, the MDOT has filed dozens of new condemnations including against Maroun entities. On Friday, I posted a blog...more

Wolverine Pipeline Capitulates in Response to Necessity Challenge

by Clark Hill PLC on

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Denbury v. Texas Rice "Texas Rice II": The Texas Supreme Court Affirms Common Carrier Status

by Jackson Walker on

On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited decision in Denbury Green Pipeline-Texas v. Texas Rice Land Partners (“Texas Rice II”), reversing the 9th Court of Appeals and reinstating the trial...more

Moroun Seeks to Block Gordie Howe Bridge Condemnations

by Clark Hill PLC on

Companies controlled by Mannie Maroun, who owns the Ambassador Bridge, have filed a lawsuit seeking to block MDOT condemnations to acquire property for the Gordie Howe Bridge. Mannie Maroun has spent years attempting to...more

Property Reserve and Precondemnation Entries – The Epilogue

by Miller Starr Regalia on

As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more

Road Commission for Oakland County Files On Baldwin Road Project

by Clark Hill PLC on

The Road Commission for Oakland County has filed two new condemnations for its Baldwin Road Project north of I-75. The Road Commission for Oakland County (“RCOC”) is proceeding with right-of-way acquisitions along...more

ITC Making More Good Faith Offers for Adams-Spokane Line in Macomb County

by Clark Hill PLC on

ITC is seeking expanded vegetation management rights from property owners in Washington Township. I was recently contacted by a property owner who received a good faith offer from ITC. The good faith offer seeks expanded...more

Just Compensation for Contaminated Land

by Ward and Smith, P.A. on

When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive "just compensation" for the property. In North Carolina, "just...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

ITC Files Vegetation Cases in Taylor and Dearborn

by Clark Hill PLC on

ITC has filed a series of lawsuits in Wayne County Circuit Court seeking to expand its vegetation management rights on residential properties in Taylor and Dearborn. I have been retained or I am in the process of being...more

Money, Dirt and Steel: Fall 2016 Newsletter

by Williams Mullen on

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

Colorado High Court Holds Highway Condemnations Unauthorized Since 1994, Dismisses Taking Suit Against U-Haul Under Nondelegation...

by Bryan Cave on

On September 26, 2016, the Colorado Supreme Court, in a 7-0 opinion on an original proceeding, held the Colorado Department of Transportation (CDOT) has no condemnation authority under a 1994 resolution that unlawfully...more

California Supreme Court Upholds Precondemnation Procedures

by Snell & Wilmer on

On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

Real Estate and Land Use - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

by Nossaman LLP on

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

Municipal Condemnation of Privately Held Utilities Continues to be a Hot Issue, but at what Cost?

by Nossaman LLP on

In January, I spoke at a conference in Austin about efforts by municipalities to condemn privately-held utility companies. At the time, I figured it would be a one-off presentation on a pretty niche issue, even for eminent...more

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