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Eminent Domain Public Entities

Nossaman LLP

Adverse Possession Between Public Entities: a Loophole or a Pipedream

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A question that arises with some frequency in our practice is whether a public entity can adversely possess a property interest against another public entity. The general rule of thumb is that a private entity cannot obtain...more

Bricker Graydon LLP

The basics of acquiring property through eminent domain in Ohio

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Public entities are often faced with the challenging issue of acquiring property for construction projects. Acquiring property can be a lengthy process depending on property owners’ disposition with regard to selling...more

Nossaman LLP

What Happens When the United States Condemns a Street, Road or Public Highway?

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Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

Nossaman LLP

Agencies Cannot Make Conditional Final Offers of Just Compensation in Condemnation Actions

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In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys' fees and expert costs) when the public agency's final offer of compensation is unreasonable and the...more

Nossaman LLP

California Court Explains the Interrelationship Between the Resolution of Necessity and Project in the Manner Proposed in an...

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One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the...more

Nossaman LLP

Defining the “Larger Parcel” in Eminent Domain & Inverse Condemnation Actions

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When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more

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