Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The case was dismissed based on the statute of limitations. The property owner argued the statute of limitations began when it observed the sinkhole rather than when the project construction was completed. The project was completed in 2000, and the sinkhole was first noticed in 2016.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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