Eminent Domain

Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until...

by William T. Chisum, Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 5/13/2013

A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California...more

Texas Landowners Challenge Eminent Domain For Oil Pipelines

by Nancie G. Marzulla on 5/8/2013

What’s an oil company to do? Texas landowners who for decades have sat by quietly accepting eminent domain to permit pipelines carrying precious energy to flow through their properties have been getting ornery of late. A slew...more

City of Imperial at an Impasse Over Transit Center

by Bernadette Duran-Brown | Nossaman LLP on 5/7/2013

The City of Imperial has taken the first step in pursuing an eminent domain proceeding by adopting a resolution of necessity to acquire a vacant property for its Transit Center Project. As reported by the Imperial Valley...more

Ninth Circuit Holds Takings Case Must Proceed Through Tribal Court

by Ben Rubin | Nossaman LLP on 5/6/2013

An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013,...more

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

Legislative Amendment to California's Loss of Business Goodwill Statute?

by Brad Kuhn | Nossaman LLP on 4/23/2013

California's loss of business goodwill statute, Code of Civil Procedure section 1263.510, provides that before a business can submit its goodwill claim to a jury in an eminent domain case, the business must first demonstrate...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

Condemn Now, CEQA-Compliance Later? OK. Maybe....

by Brad Kuhn | Nossaman LLP on 4/19/2013

Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule – and it makes sense for a number of reasons – must a...more

Jury Sides With Property Owner in Solano County Eminent Domain Trial

by Brad Kuhn | Nossaman LLP on 4/9/2013

According to an article in the Daily Republic, Jury: County owes $1.24M in eminent domain dispute, Solano County and a local land owner recently completed an eminent domain trial, and the jury sided with the owner. The case,...more

No Marriage for Mortgage Resolution Partners Yet (But Proposal Still Being Considered)

by Krystyna Blakeslee | Dechert LLP on 4/8/2013

Last summer, we at Crunched Credit wrote (here, here and here) about Mortgage Resolution Partner’s (“MRP”), a San Francisco-based venture-capital firm, proposal whereby underwater performing residential mortgage loans held in...more

La Mirada Resolves Last Eminent Domain Action for Valley View Underpass Project

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

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last...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

When is a Park not a Park? The SJC Declines to Give Broad Interpretation to Article 97

by Foley Hoag LLP - Environmental Law on 3/28/2013

Earlier this month, the Supreme Judicial Court (SJC) issued its decision in Mahajan v. DEP, holding that the Boston Redevelopment Authority’s (BRA) proposed redevelopment of Long Wharf in Boston is not subject to Article 97...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

Two Steps Forward and Two Steps Back

by Ben Rubin | Nossaman LLP on 3/4/2013

Before you get your hopes up, this is not a reference to "Opposites Attract" by Paula Abdul, and I will not be singing. Rather, I am referring to the Montana Legislature's recent decision to repeal a two-year-old law that...more

Rohnert Park Approves Use of Eminent Domain for Street Widening

by Brad Kuhn | Nossaman LLP on 3/4/2013

According to an article in the Press Democrat, Rohnert Park OKs eminent domain at site of future hotel, restaurant, the Rohnert Park City Council recently adopted a resolution of necessity authorizing the use of eminent...more

Valuation Disputes Centering on Severance Damages and Highest & Best Use

by Brad Kuhn | Nossaman LLP on 2/27/2013

Below are some updates on California projects have turned to eminent domain to complete right-of-way acquisition. They involve issues that are somewhat typical in condemnation proceedings: disputes over severance damages and...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

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