In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more
5/2/2025
/ Appeals ,
Commercial Property Owners ,
Department of Transportation (DOT) ,
Eminent Domain ,
Just Compensation ,
Land Owners ,
Land Parcels ,
PA Supreme Court ,
Pennsylvania ,
Property Owners ,
Property Valuation ,
State and Local Government ,
Transportation Industry
In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more
2/3/2025
/ Appellate Courts ,
Arizona ,
AZ Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Damages ,
Easements ,
Eminent Domain ,
Just Compensation ,
Property Owners ,
Real Estate Development ,
Real Estate Transactions ,
State and Local Government
The Infrastructure Investment and Jobs Act (IIJA)—signed into law in 2021—authorizes $1.2 trillion in spending for public works projects, such as highway widenings. Millions of acres of private property will likely be needed...more
On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more
7/1/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
Across the country, state and local governments have responded to the coronavirus by limiting in various ways normal activities that were part of everyday life before the outbreak. A battery of lawsuits in state and federal...more
6/4/2020
/ Churches ,
Compelling Governmental Interest ,
Dissenting Opinions ,
Eminent Domain ,
Executive Orders ,
Free Exercise Clause ,
Governor Newsom ,
Injunctive Relief ,
Motion for Relief ,
Public Health Emergency ,
Re-Opening Guidelines ,
SCOTUS ,
Shelter-In-Place ,
Social Distancing ,
South Bay United Pentecostal Church v Newsom ,
TRO
A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more
3/31/2020
/ Business Closures ,
Class Action ,
Coronavirus/COVID-19 ,
Due Process ,
Emergency Management Plans ,
Eminent Domain ,
Executive Orders ,
Fifth Amendment ,
Operators of Essential Services ,
State and Local Government ,
Takings Clause