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Landlords › Condemnation

Winstead PC

SMU Annual Texas Survey - Article 13, Vol. 6

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This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This...more

Patton Sullivan Brodehl LLP

Eminent Domain: “Goodwill” Usually Belongs to the Tenant

Patton Sullivan Brodehl LLP on

In the world of eminent domain, compensation for “lost goodwill” is often a tricky and contentious issue.  New opinions from the Court of Appeal addressing goodwill tend to get a lot of attention....more

Nossaman LLP

Commercial Tenants Can Assign Right to Just Compensation

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In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 3: Issues to Consider When Negotiating a Condemnation Clause in a Lease

Faegre Drinker Biddle & Reath LLP on

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 2: Is the Condemnation Clause in Your Lease Going to Cost You?

Faegre Drinker Biddle & Reath LLP on

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Stoel Rives - Ahead of Schedule

Condemnation Awards on Leasehold Interests

Stoel Rives - Ahead of Schedule on

A recent Utah case, adopting a “termination clause rule,” may have tenants in Utah reconsidering condemnation provisions in leases. In UDOT v. Kmart, 2018 UT 54, the Utah Supreme Court denied a condemnation award to a tenant...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 1: What Are a Tenant’s Rights When the Government Condemns Leased Property?

Faegre Drinker Biddle & Reath LLP on

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Nossaman LLP

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

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