News & Analysis as of

Contaminated Properties Takings Clause

Mitchell, Williams, Selig, Gates & Woodyard,...

Sewage Treatment Pond: South Dakota Supreme Court Addresses Adjacent Landowner's Inverse Condemnation and Nuisance Claims

The South Dakota Supreme Court (“Court”) addressed in a December 19th opinion an issue involving governmental taking and nuisance claims. See Krsnak v. Brant Lake Sanitary District, 2018 WL 6683535. The issues arose in the...more

Sheppard Mullin Richter & Hampton LLP

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Issues Major Cercla Decision Finding That Arranger Liability Cannot Be Based On Contamination Deposited On A Site By The Wind - Pakootas v. Teck Cominco Metals, No. 15-35228, 2016 U.S. App. LEXIS 13662 (9th...more

Williams Mullen

Money, Dirt and Steel: Spring 2016 Newsletter

Williams Mullen on

A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina - Money - FORECLOSURE: - Lender...more

Pillsbury - Gravel2Gavel Construction & Real...

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

Ballard Spahr LLP

Maryland Court of Appeals Opens Door to New Class of Inverse Condemnation Claims

Ballard Spahr LLP on

A property owner states a valid claim for inverse condemnation where the owner alleges that its property was taken by the government's failure to act in the face of an affirmative duty to act, the Maryland Court of Appeals...more

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