News & Analysis as of

Land Owners Eminent Domain

Tucker Arensberg, P.C.

Supreme Court of Pennsylvania Rules in Favor of Landowners in Eminent Domain Claim

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

Ackerman & Ackerman, P.C.

Why condemnors should pay property owners’ attorney fees in eminent domain cases (and a 50-state survey on the issue)

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

Ackerman & Ackerman, P.C.

When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation

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

Husch Blackwell LLP

Proposed Texas Bullet Train Has Eminent Domain Authority

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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

Roetzel & Andress

Court Rejects Use of Eminent Domain for Recreational Trail

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Waterworks/Condemnation Proceedings: Arkansas Court of Appeals Addresses Applicable Statutory Authorities

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

Faegre Drinker Biddle & Reath LLP

Stages of an Eminent Domain Proceeding in Colorado

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

Gray Reed

Who Won and Who Didn’t: The 2021 Texas Legislature and Energy

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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

Nossaman LLP

On-Demand Webinar | Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies

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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

Nossaman LLP

[Webinar] Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies - August...

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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

Husch Blackwell LLP

New Eminent Domain Laws From The 2021 Texas Legislative Session

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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

Husch Blackwell LLP

Texas Supreme Court Denies Review Of Challenge To Texas Central's Eminent Domain Power

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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

Nossaman LLP

Don’t Forget to Value Those Billboards in Condemnation!

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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

Miller Starr Regalia

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use...

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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

Bricker Graydon LLP

D.C. Circuit bars long-standing FERC rehearing tolling practice

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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

Pierce Atwood LLP

DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings

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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

Nossaman LLP

Mojave Air & Space Port to Use Eminent Domain if Negotiations Fail to Lift Off

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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

K&L Gates LLP

Pipeline Projects Face New Questions On Landowner Rights

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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

Sands Anderson PC

Proposed Change to Deposition Designations and Objections in Condemnation Pretrial Order in Virginia

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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

Fox Rothschild LLP

Third Cir.: State Law Governs Measure Of Just Compensation Standard In Pipeline Case

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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

Nossaman LLP

Court Holds Agency Appraiser Not Required to Identify Specific Damages When Outweighed by Project Benefits

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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

Faegre Drinker Biddle & Reath LLP

The Stages of an Eminent Domain or Condemnation Case in Minnesota

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

Husch Blackwell LLP

Texas Supreme Court Defers To Government Declaration Of Public Use, At Least For Now

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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

Faegre Drinker Biddle & Reath LLP

I-69 Section 6: Will the $1.5 Billion Roadway Impact Your Property?

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

Sands Anderson PC

Dwyer v. Town of Culpeper: Final Orders and Virginia Condemnation Law

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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

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