News & Analysis as of

Eminent Domain

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

Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?

When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market value for the property taken....more

Tennessee Enacts New Appraisers Statute Of Limitations Law

by Fox Rothschild LLP on

Tennessee has enacted a law establishing a new statute of limitations regarding civil lawsuits and disciplinary actions against real estate appraisers. Under HB 376, any action to recover damages against a real estate...more

Tennessee Prohibits Eminent Domain For Industrial Parks.

by Fox Rothschild LLP on

Tennessee has enacted a law that will prohibit the use of eminent domain to condemn land for industrial parks. It deletes the “industrial parks” exception for takings under 29-17-102 (E), . It also provides that any property...more

Florida Changes Appraiser Licensing Law

by Fox Rothschild LLP on

Florida has enacted a bill changing its appraiser licensing law. HB 927 includes changes advocated by the Appraisal Institute. The law defines an “evaluation” as a “valuation permitted by any federal financial institutions...more

Texas Considers Eminent Domain Bill

by Fox Rothschild LLP on

The Texas Senate approved an eminent domain bill intending to expand on current legislation. The bill’s author, State Senator Lois Kolkhorst, said “This bill is designed to build off of Senate Bill 18 six years later as we’ve...more

Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

by Nossaman LLP on

Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

Construction Interference Damages Validated by Minnesota Supreme Court

by Faegre Baker Daniels on

Large-scale road construction projects often cause temporary inconvenience to, and loss of value on, adjacent parcels of private property. Long detour routes, noise, dust, dirt and vibrations can persuade potential customers...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Leftover Land? When the Government Takes Part of Your Property, What Happens to the Rest?

by Faegre Baker Daniels on

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more

Border Wall Battles - Can you fight the government’s efforts to take land for the border wall, and how much compensation can you...

Landowners along the border of the United States and Mexico may soon face fast-tracked efforts by the federal government to condemn easements and, in many cases, substantial portions of their land outright through eminent...more

Court Rejects Takings Claim Based on Temporary Prohibition of Mining

by Nossaman LLP on

As we’ve reported in the past, temporary takings are compensable in California.  But such claims are not easy to prove, particularly when you’re dealing with the federal government imposing temporary regulations preventing...more

SB1: California Transportation Funding the Talk of the Capitol This Week

by Nossaman LLP on

Most Californians agree that our State’s transportation system is in dire need of additional funding for additional improvements and repair. The problem has always been where to secure the necessary funding. In short, it has...more

Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

by Nossaman LLP on

When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

by Nossaman LLP on

When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

NC Legislative Update: February 2017 #3

by Nexsen Pruet, PLLC on

This Week - The House and Senate Appropriations Committees met jointly on Tuesday to review the consensus revenue forecast from the NCGA Fiscal Research Division and the Office of State Budget Management (OSBM)....more

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

by Nossaman LLP on

On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure...more

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