News & Analysis as of

Eminent Domain

When Condemnation Actions Go Wrong

by Nossaman LLP on

In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a...more

Fifth Circuit Denies Due Process-Based Request for Preliminary Injunction Against Intrastate Texas Gas Pipeline

On October 3, in the case of Boerschig v. Trans-Pecos Pipeline, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the lower court’s denial of request for a preliminary injunction to enjoin Texas state condemnation...more

Podcast Episode 9 - Special Use Properties and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 9, I share a recent presentation regarding valuation of special use properties. During that presentation, I also touched upon the little...more

PA Considers Bill Prohibiting Condemnations Land Locking Properties

by Fox Rothschild LLP on

A bill was introduced in the PA House of Representatives which stating that “in the case of a partial taking of the property of a condemnee, a condemnor may not render the remaining parcel inaccessible to the condemnee by...more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

Podcast Episode 8 – When the Government Decides to Flood Your Property, Is There a Claim? With Derrick Carson of Locke Lord LLP,...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. Derrick Carson, Partner in Locke Lord's Houston office, joins us in Episode 8 to discuss Hurricane Harvey, the flooding in Houston and southeast...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Friday Afternoon Eminent Domain Case Review

by Nossaman LLP on

On Friday afternoon I decided to take a quick look at the advance sheets for any newly decided appellate cases involving eminent domain. My search revealed an unpublished decision that came out yesterday (September 7, 2017)...more

Condemnation Risk Planning: Denial Is Not A Strategy

In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

by Nossaman LLP on

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

Valuation Issues: Recovering Inseparable Damages

by Faegre Baker Daniels on

Imagine this: A local municipality has decided to expand the road behind your property. The road expansion project has many components. The number of lanes will increase from two to four. There will be a new raised median in...more

Court Holds Temporary Injunction on Martins Beach Access Dispute Does Not Constitute a Taking

by Nossaman LLP on

The Martins Beach access dispute in San Mateo County continues to make headlines. As a quick refresher, billionaire venture capitalist Vinod Khosla purchased 90 acres of beachfront property south of Half Moon Bay, and...more

Caltrans Seeks Input on SB1 Planning Grants Guides

by Nossaman LLP on

We’ve previously reported on the recent passage of Senate Bill 1 (SB 1), The Road Repair and Accountability Act of 2017, which will raise approximately $52 billion in funding over the next 10 years specifically for...more

Will DTE Natural Gas Plant Require Eminent Domain for New Pipe Lines?

by Clark Hill PLC on

DTE has announced plans to convert coal plants into a new natural gas plant, potentially requiring eminent domain. This Free Press article describes a new natural gas plant plan for St. Clair County. DTE intends for this...more

Can Sincerely Held Religious Belief Prevent Eminent Domain?

by Clark Hill PLC on

Catholic nuns who oppose Pennsylvania natural gas pipe line on religious grounds are pursuing legal proceedings to avoid eminent domain. The nuns, who are part of the Adorers of the Blood of Christ leadership team, “have...more

Murr v. Wisconsin: Defining the Property Affected by a Regulatory Taking

The Supreme Court of the United States recently decided the case Murr v. Wisconsin, No. 15-214 (June 23, 2017), which laid out a new test for determining whether separate parcels of land should be evaluated as a single parcel...more

Utah Considers Charter School Eminent Domain Issues

by Fox Rothschild LLP on

The Utah legislature is considering policy changes regarding the acquisition of land for new charter schools and further expansions of existing schools. Specifically, there currently is uncertainty as to the eminent domain...more

Tree-Preservation Ordinances in Texas Municipalities May Constitute Regulatory Takings

by Locke Lord LLP on

Texas Attorney General Ken Paxton issued an opinion on July 14, 2017 concluding that municipal tree-preservation ordinances in Texas may, in certain unspecified factual circumstances, constitute a regulatory taking under the...more

GA Supreme Court Considering Landowner’s Bill Of Rights Case

by Fox Rothschild LLP on

The Georgia Supreme Court is considering an important case involving the state’s 2006 Landowner’s Bill of Rights statute. At issue is whether certain provisions of that statute are mandatory or merely advisory....more

Oregon Establishes Statute Of Limitations On Appraiser Liability

by Fox Rothschild LLP on

Oregon has enacted legislation establishing a specific statute of limitations on civil actions against appraisers and appraisal firms for real estate appraisal activity. The law takes applies only to appraisals performed...more

Judge Finds Florida Just Compensation Law Applies To Federal Pipeline Case

by Fox Rothschild LLP on

Property owners whose land will be taken for the Sabal Trail Transmission LLC’s natural gas pipeline should be compensated under Florida law rather than federal rules, a Florida federal judge ruled....more

2017 Legislative Update: New Laws Impacting Commercial Real Estate Clients

by Sands Anderson PC on

On July 1, 2017, new laws passed during the 2017 General Assembly session will go into effect in Virginia that may impact you as someone interested in commercial real estate. They run the gamut of issues touching on the real...more

NJ Court: State Can Condemn Easements For Beach Repair

by Fox Rothschild LLP on

The New Jersey Appellate Division has held that the government can condemn easements for beach projects. In that case, the DEP sought voluntary easements from the landowners as part of a dune-and-berm system spanning the...more

More ET Rover Bungling...Or is it a Calculated Decision to Place Speed Over Safety?

by Clark Hill PLC on

ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that...more

Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

by Nossaman LLP on

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

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