Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
Newsflash: Rockweed Not a Fish
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
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
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
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
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
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
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
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
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
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
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
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