News & Analysis as of

Mining Eminent Domain

Bennett Jones LLP

Fish(es), Minerals, Train Tracks and Parks (and the law of Constructive Taking)

Bennett Jones LLP on

The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more

Nossaman LLP

Court Rejects Takings Claim Based on Temporary Prohibition of Mining

Nossaman LLP on

As we’ve reported in the past, temporary takings are compensable in California.  But such claims are not easy to prove, particularly when you’re dealing with the federal government imposing temporary regulations preventing...more

Stinson LLP

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

Stinson LLP on

This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more

Nossaman LLP

Court Provides Guidelines on Valuing Natural Resources in Eminent Domain Proceedings

Nossaman LLP on

Valuing mineral rights in eminent domain proceedings is inherently speculative and can lead to wide swings in property valuations. So how do appraisers best deal with the uncertainty involved in mineral exploitation? The...more

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