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Reversal Eminent Domain

(ACOEL) | American College of Environmental...

In re PennEast Pipeline Company: A New Twist in the Pipeline or Established Constitutional Law?

Adding another chapter to the legal controversies that continue to rage over the siting of new gas pipelines, on September 10, 2019 the Third Circuit upheld the State of New Jersey’s sovereign immunity objection to the...more

Dorsey & Whitney LLP

The Supreme Court - June 21, 2019

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The Supreme Court of the United States issued four decisions this morning:   North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, No. 18-457: North Carolina law imposes a tax on any trust income...more

Patton Sullivan Brodehl LLP

California Court Clarifies Recovery of Goodwill in Eminent Domain Cases

Goodwill is one of the trickier areas of eminent domain law. When a governmental agency takes private property through the exercise of eminent domain powers, the agency generally must pay the property owner the fair market...more

Pillsbury - Gravel2Gavel Construction & Real...

Illinois Supreme Court Reverses Circuit Court Finding Lack of Jurisdiction Over Public Utility Administrative Actions

On October 18, the Illinois Supreme Court decided the case of Ameren Transmission Co. of Illinois v. Hutchings, et al. According to the Illinois Supreme Court, there is no presumption that Illinois courts have subject-matter...more

Roetzel & Andress

New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

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As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more

Nossaman LLP

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

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One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Nossaman LLP

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

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Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

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