Condemnation

First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of...

by Arthur F. Coon | Miller Starr Regalia on 4/25/2013

In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more

Disclaiming Eminent Domain Defendants: To Dismiss or not to Dismiss?

by Rick Rayl | Nossaman LLP on 4/22/2013

Recently, we came across an interesting request from an attorney for a condemnee. The condemnee had filed a Disclaimer in the eminent domain action, stating that they had no interest in the property being condemned. This,...more

Regulatory Takings: Monks v. Rancho Palos Verdes Revisited (Again)

by Brad Kuhn | Nossaman LLP on 4/2/2013

For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more

Q&A With Bilzin Sumberg's Howard Nelson

by Howard Nelson | Bilzin Sumberg Baena Price & Axelrod LLP on 3/29/2013

Originally Published in Law360 on March 28, 2013. Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more

Just Compensation Clause of the Fifth Amendment is Alive and Well in Guam

by Nancie G. Marzulla on 3/21/2013

The Territory of Guam has only a non-voting Delegate in the U.S. House of Representatives and no Electoral College votes for the U.S. President, but the Just Compensation clause in the Fifth Amendment of the U.S. Constitution...more

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

by Rick Rayl | Nossaman LLP on 3/20/2013

For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

Eminent Domain News from the State Capitol

by Thomas Forestier | Winstead PC on 3/18/2013

Multiple bills regarding the power and exercise of eminent domain, both generally and by common carriers, have been filed during the current Texas legislative session. Below, please find a list of those bills with a brief...more

Left Out in the Cold: New Jersey Court Holds Condemning Authority Not Required to Negotiate with Lenders in Eminent Domain...

by Krystyna Blakeslee | Dechert LLP on 3/5/2013

Early last month, in Borough of Merchantville v. Malik & Son, LLC, 429 N.J. Super. 416 (App. Div. 2013), the New Jersey appellate court held that a condemning authority, under the State’s eminent domain law, was not required...more

Recent Developments In Utah Condemnation Law (2012)

by Thomas Checketts | Kirton McConkie PC on 2/28/2013

In This Issue: - Utah Department of Transportation v. FPA West Point, et al., 2012 UT 79 (Utah Nov. 20, 2012) - Utah Department of Transportation v. Admiral Beverage Corporation, et al., 275 P.3d 208 (Utah...more

N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent...

by David Augustin, Christopher Bender, George Kroculick, Michael J. McCalley | Duane Morris LLP on 2/21/2013

In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of...more

Lender-Involved Condemnation Part 1: Principles of Condemnation

by Ivy Cadle | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

This is the first installment in a series of articles related to lender-involved condemnation. This article provides an introduction to the principles of eminent domain and condemnation in a question and answer format. The...more

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

by Brad Kuhn | Nossaman LLP on 2/7/2013

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

by Brad Kuhn | Nossaman LLP on 2/6/2013

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

California High-Speed Rail - What You Need To Know

by Miller Starr Regalia on 2/5/2013

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more

More Reports on San Bernardino's Decision to Abandon Underwater Mortgage Eminent Domain Plan

by Rick Rayl | Nossaman LLP on 1/28/2013

Given how much publicity the proposal to condemn underwater mortgages received when it first appeared last summer, I suppose it's not surprising that San Bernardino's decision last week not to move forward has also garnered a...more

San Bernardino Not Moving Forward with Proposed Plan to Condemn Underwater Mortgages

by Rick Rayl | Nossaman LLP on 1/25/2013

For the better part of a year, we've been writing about the controversial proposal to use the power of eminent domain to condemn underwater mortgages, allowing homeowners to have a new loan that better reflects the underlying...more

Big Year For Published Eminent Domain Decisions

by Brad Kuhn, Rick Rayl | Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

More Infrastucture Coming Your Way California

by Brad Kuhn | Nossaman LLP on 1/13/2013

As we mentioned in our recent 2012 Eminent Domain Year in Review, we've seen a boom of infrastructure projects in California -- a trend we expect to continue into the near future. So what exactly are we talking about? ...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

by Brad Kuhn | Nossaman LLP on 12/5/2012

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Construction & Land Use Newsletter - December 2012

by Timothy R. Hughes, Lauren K. Keenan | Bean, Kinney & Korman, PC on 12/3/2012

In This Newsletter: - Condemnation Changed (Permanently?) in Virginia - It’s a Family Affair: Family Subdivision Ordinances - Excerpt from It's a Family Affair: Family Subdivision Ordinances: The process of...more

Condemnation Changed (Permanently?) In Virginia

by Timothy R. Hughes | Bean, Kinney & Korman, PC on 11/30/2012

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

I Saw the Sign, and It . . . Was Taken Down?

by Brad Kuhn | Nossaman LLP on 11/7/2012

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

When Adopting a Resolution of Necessity, Can Failing to Consider a Substitute Condemnation Constitute a Gross Abuse of Discretion?

by Brad Kuhn | Nossaman LLP on 9/21/2012

While most lawsuits typically start with the filing of a complaint, eminent domain cases really start one key step earlier, with the condemning agency’s adoption of a Resolution of Necessity. The Resolution establishes (i)...more

Oil and Gas Law Shorts

by Johnny D. Hall, Esq. on 9/13/2012

Texas Oil and gas case law summaries: Joint Operating Agreement/Exculpatory Clause/"all such operations" vs. "its activities"; Inverse Condemnation/Ordinance Restricting Drilling....more

A Judicial Reminder Not to Count Your Roosters Before They've Hatched

by Ben Rubin | Nossaman LLP on 9/11/2012

Inverse condemnation claims can be tricky, particularly in the regulatory context. You don't want to file your claim too soon, as that will likely result in your claim being booted out of court on ripeness grounds. But you...more

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