Condemnation

News & Analysis as of

New Municipal Condemnations

For the last several years, municipalities have been slow to engage in new projects that require the use of eminent domain due to budgetary restrictions. However, with the upturn in the economy that is resulting in new...more

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Wolverine Pipe Line Company filing Condemnations in Washtenaw County for Detroit Multi Access Project

Wolverine appears to be staging the filing of lawsuits to secure rights from larger, commercial properties in Washtenaw County before implementing processes against residential properties in Wayne and Washtenaw...more

Eminent Domain in California – What You Should Know and What You Can Do BEFORE the Government Comes to Take Your Property

Public development and infrastructure projects are on the rise in California. This is a good thing for the economy. InfrastructureBut it also means that private property will often be needed to complete these projects. Public...more

Classic Private Property Rights and Public Coffers

In April 2014, we posted a blog discussing the North Carolina Supreme Court’s opinion in Beroth Oil v. NCDOT, 367 N.C. 33, 757 S.E. 2d 466 (2014). (See here) In that post, we compared high frequency stock market trading and...more

Oakland County Road Commission Filing Suits for Maple/Orchard Lake Roundabout

Recently, the Oakland County Road Commission has been filing suits involving properties on Orchard Lake Road. The Oakland County Road Commission has a long-term plan to install multiple roundabouts in the area of Orchard...more

So the Government Wants Your Property: Answers to 10 of the Most Common Landowner Questions

If the government is seeking to take your property, it’s important to ensure you receive fair treatment and compensation. Read on for an outline of what to expect and tips to protect yourself during the condemnation process....more

Iowa landowners file lawsuits to suspend eminent domain hearings

On Friday, May 20, Bill Hanigan of the Davis Brown Law firm filed separate lawsuits on behalf of Verdell and Marian Johnson, and Marvin and Bonnie Zoch, against Dakota Access Pipeline Company. Both couples are Cherokee County...more

Oakley to Condemn Century-Old Building for Street Widening Project

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more

When Can You Recover Attorneys' Fees in Eminent Domain Litigation?

Beyond the ultimate award of just compensation, the opportunity for/risk of landowner fee recovery in condemnation actions is an important issue to evaluate early on. Attorney fees can, and oftentimes do, exceed awards of...more

Update: California Supreme Court Oral Arguments

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

Taxpayer Entitled to Section 1033 Gain Exclusion Despite Holding Only a Beneficial Ownership Interest in Condemned Property

In PLR 201609003, the IRS determined that a taxpayer was entitled to exclude gain attributable to the forced transfer of the taxpayer’s ownership of public use facilities, even though the taxpayer did not hold legal title to...more

Impairment of Views From (or to) Private Property Does Not Constitute a Taking Requiring the Payment of Just Compensation

On April 26, 2016, in Boxer v. City of Beverly Hills (Case No.B258459), the Second District Court of Appeal roundly rejecting a takings lawsuit premised on alleged impairment of private views and speculative risk of fire...more

Eminent Domain for California’s Social Infrastructure

While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community...more

Texas Supreme Court: Improper Application of Project-Influence Rule Resulted in Harmful Error

The Texas Constitution provides that “[n]o person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made.” Tex. Const. art. I, § 17. The Texas Supreme Court has...more

Property Reserve Case Set for Oral Argument

The California Supreme Court announced today that the Property Reserve case will be heard on May 3, 2016, at 9:00 a.m. in San Francisco. (I’m assuming this is not an April Fool’s joke, since eminent domain attorneys have...more

Eminent Domain Case Analyzes Mitigation Credits as a Highest and Best Use

Eminent domain practitioners are well versed in analyzing a property’s highest and best use. Under these principles, a property being condemned is not necessarily valued based on its current, existing use....more

[Event] Nossaman's 2016 Eminent Domain Seminar - March 3rd, Costa Mesa, CA

Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...more

[Events] Right of Way & Legal Strategies for Successful Project Delivery - March 1st, Oakland, CA

Nossaman LLP and Overland, Pacific & Cutler, Inc. invite you to join us for a complimentary afternoon seminar that will provide insight on taking your project from concept through construction. Our panels of leading industry...more

Eminent Domain: Be Careful What You Ask For

The condemnation of property for public works may not always be as clean and easy as the government would like. Although local governments are often critical players in the cleanup and redevelopment of contaminated...more

Lenders Should Contract for the Right to Recover Lost Goodwill Proceeds when Commercial Property is taken in Eminent Domain

In California, the “goodwill” of a business “consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable...more

UPDATE: Pa. Commonwealth Court Affirms Trial Court Decision Permitting Use of Eminent Domain by Pa. Gas Utility to Supply Private...

A three-judge panel of the Pennsylvania Commonwealth Court, in a pair of memorandum opinions, recently affirmed a trial court decision authorizing a natural gas public utility to use its eminent domain power to condemn an...more

Money and Dirt: Reviewing 2015; Previewing 2016

We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog, and a look forward to issues that will get attention in 2016....more

(US) New York City’s smallest real estate parcel an historic oddity

On your next visit in Manhattan, go to the corner of Seventh Avenue and Christopher Street. You’ll be standing on the smallest piece of property in New York City. Hess Triangle is a tiny sliver of real estate in the shape of...more

School district’s condemnation of a private road passes the test

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

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