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Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing

California Eminent Domain Law allows public agencies to obtain a court order permitting access onto private property to conduct pre-acquisition testing and inspections. These tests and inspections can help an agency...more

Can Bankruptcy Be A Tool To Combat Eminent Domain? Probably Not

There are times when governments, attempting to revitalize a downtown area or conduct other operations, need to take private lands to further their purpose. To do so, they may invoke their eminent domain powers....more

Commonwealth Court Clarifies Pennsylvania Utilities' Authority to Condemn Property for Operating and Maintaining Exiting Electric...

Pennsylvania’s Commonwealth Court recently clarified the power of public utilities to condemn property for operation and maintenance of existing facilities, holding that before exercising eminent domain to operate and...more

Iligan v. Ungacta

Motion For Leave To File And Brief Of Amici Curiae The National Federation Of Independent Business Small Business Legal Center;...

One of the biggest dangers of not providing adequate constitutional protections for private property is that public officials can misuse their power to take property for private gains. Government actors, after all, have an...more

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