Public Property

News & Analysis as of

Challenging the Right to Take: What Happens When a Government Agency Requires a Property that is Already Devoted to a Public Use?

Often times government agencies require property for a public project that is already put to a public use. What are the acquiring agency’s options, assuming an agreement cannot be reached prior to filing a condemnation...more

The Supreme Court Strikes Down Buffer Zone Law

A local government can create a 35-foot buffer zone to restrict speech on a public street only if it has first made a serious effort to address the issue in other ways. Originally published on the IMLA Appellate...more

NC Supreme Court Confirms Application of Sovereign Immunity for Local Governments

Wilson County was found to have immunity from negligence claims for a visitor’s injuries sustained while he exited the county administrative building according to the North Carolina Supreme Court in a June 12, 2014 opinion. ...more

County Employee Injured While Walking From Parking Facility To Work Ineligible For Workers’ Compensation Benefits, New Jersey...

A Morris County employee sought workers’ compensation benefits for an injury sustained on a public street while walking a few blocks from a privately-owned employer-paid parking lot to her office. Hersh v. County of Morris,...more

Colorado Rally Celebrates Legalization of Marijuana and Results in Many Arrests

Last month, Colorado citizens held a rally to celebrate the legalization of marijuana for recreational use. As a Colorado appeals lawyer can explain, the law places restrictions on where the drug may be smoked. Many violated...more

County not Liable for Injury Caused by Natural Condition on Unimproved Property

In Meddock v. County of Yolo (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 10, 2013), a California court of appeal determined that a county cannot be held liable for an injury caused by a naturally occurring tree on...more

Weekly Law Resume - January 10, 2013: Dangerous Conditions of Public Property and Third-Party Conduct: The Alleged Condition Must...

Cordova v. City of Los Angeles California Court of Appeal, Second Appellate District (December 20, 2012) Plaintiffs injured by the negligent or criminal acts of others often allege that a dangerous condition of public...more

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