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Landlords › Just Compensation

Jenner & Block

Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

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In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...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

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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?

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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 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?

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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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