News & Analysis as of

Public Use Takings Clause

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

Bricker Graydon LLP on

The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Roetzel & Andress

What Are My Constitutional Rights For Eminent Domain Appeals In Ohio?

Roetzel & Andress on

In the last five years, several new cases have come before Ohio’s Supreme Court related to eminent domain (ED) law, as well as the rulings, rights, and amendments surrounding Ohio’s ED process. It can be a complex issue...more

Perkins Coie

2020 Land Use and Development Case Summaries

Perkins Coie on

Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Perkins Coie

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

Perkins Coie on

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

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

Proposed Landfill/Land Acquisition: New York Appellate Court Addresses Taking Issue

A New York Appellate Court (Fourth Department) (“Court”) addressed in a November 8th Order an action filed by a potential purchaser of a 50 acre parcel of property against the Town of Carroll, New York alleging a taking...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

Nossaman LLP on

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Holland & Knight LLP

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

Holland & Knight LLP on

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more

Miller Starr Regalia

Kelo Gives a Reasonable and Long-Accepted Reading of the Fifth Amendment, but it Remains one of the Supreme Court’s Worst...

Miller Starr Regalia on

In 2005, the United States Supreme Court decided in Kelo v. City of New London, 545 U.S. 469 (2005), that the Constitution allows the government to take private property through eminent domain for the purpose of “economic...more

Pillsbury - Gravel2Gavel Construction & Real...

Eminent Domain in California – What You Should Know and What You Can Do BEFORE the Government Comes to Take Your Property

Public development and infrastructure projects are on the rise in California. This is a good thing for the economy. InfrastructureBut it also means that private property will often be needed to complete these projects. Public...more

Nossaman LLP

Government May Use Eminent Domain to Save Mobile Home Park from Closure

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Santa Clara County, the City of Palo Alto, and the local Housing Authority have come together to acquire the Buena Vista mobile home park from its current owner, the Jisser family, in an effort to save the mobile home park...more

Clark Hill PLC

The United States Supreme Court Extends Unconstitutional Exactions for Land-Use Permit Applicants

Clark Hill PLC on

Many real estate industry professionals are familiar with the government's substantial power and discretion in land-use permitting. Land-use applicants on the verge of lucrative development opportunities find themselves in a...more

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