Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
Newsflash: Rockweed Not a Fish
On August 20, 2024, the Supreme Court of Pennsylvania issued a ruling in Wolfe v. Reading Blue Mountain & Northern RR Co. The Court overturned the Commonwealth Court’s determination that a condemnation of private land by a...more
In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property. That standard ignores the owners’ ‘subjective’ losses, such...more
When we take on an eminent domain case, our primary goal is to put our client in the best position possible. In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more
On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure Inc. and its related entities have eminent domain authority to acquire property for a proposed high-speed rail between Dallas and...more
There has been a major development in the ongoing legal fight over the ability of the Mill Creek Metropolitan Park District in Mahoning County to condemn private property for its bikeway project. ...more
The Arkansas Court of Appeals (“ACA”) addressed in a February 2nd Opinion an issue arising out of a municipality’s use of statutory condemnation authorities to construct a treated-water transmission line....more
In Colorado, eminent domain (also known as condemnation) proceedings take place in several stages. These proceedings are similar to, but not the same as, other civil trials. Most attorneys — let alone property owners — do not...more
Most bills filed in each legislative session fail. For the most part we are thankful for that. But today we summarize a few that survived while you weren’t paying attention. ...more
Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more
The Texas Legislature recently approved five bills that will impact eminent domain matters throughout the state. HB 2730- HB 2730 was signed by Governor Greg Abbott on June 16, 2021, and goes into effect on January 1,...more
On June 18, 2021, the Texas Supreme Court issued a denial notice to a landowner’s request for review challenging the Thirteenth Court of Appeal’s finding that Texas Central Railroad & Infrastructure, Inc. (Texas Central) has...more
When a public agency seeks to acquire property by eminent domain, the agency’s appraiser sometimes forgets to account for unique value attributes of the property. For example, the valuation may fail to take into account...more
Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second District Court of Appeal’s July 30, 2020 eminent domain decision in...more
On June 30, 2020, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denounced the practice of the secretary of the Federal Energy Regulatory Commission (FERC) in issuing tolling orders, which provide FERC with...more
The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself...more
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
With the significant recent development of thousands of miles of new interstate natural gas pipeline infrastructure in the United States, landowner rights have gained increasing attention, spurred by the eminent domain...more
The Advisory Committee on Rules of Court for the Supreme Court of Virginia is seeking public comment on a proposal to amend the Alternative Pretrial Order for Eminent Domain Cases (Form 3-A) to conform with an amendment to...more
The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property...more
In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more
For landowners, learning that the government intends to take their property is always a rude awakening. After receiving notice that the government seeks to acquire a piece of land, the landowner sets off on a difficult...more
The decision’s ramifications are significant for both public condemnors and private landowners. The Texas Supreme Court held on Friday that the City of Rowlett’s condemnation of land owned by a private developer was a...more
Construction of Interstate 69 in Indiana seems never-ending. New sections of the interstate have already been completed from Evansville, Indiana to Martinsville, Indiana. Section 6 of the project is just beginning, and it...more
Eminent domain cases in Virginia involve, often, a two-stage process by which to finally resolve the acquisition of private property for public use. At the end of trial, a condemnation jury (or commission) issues a report...more