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In the case of N. Ridgeville v. Zilka, 9th Dist. Lorain No. 23CA012047, 2024-Ohio-2468, Ohio’s Ninth District Court of Appeals addressed the ability of a property owner in an eminent domain action to recover attorney fees...more
One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more
In California, we have an admittedly odd way of determining whether the property or business owner in an eminent domain case is entitled to recover attorneys’ fees. (Note that I’m specifically talking about an owner’s...more
The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more
On June 22, 2016, the Pennsylvania Commonwealth Court decided the case of Township of Millcreek v. Angela Cres Trust of June 25, 1998, 1725 C.D. 2015, which decided whether 42 Pa.C.S. § 5505 applies to eminent domain cases. ...more
Beyond the ultimate award of just compensation, the opportunity for/risk of landowner fee recovery in condemnation actions is an important issue to evaluate early on. Attorney fees can, and oftentimes do, exceed awards of...more
For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more
REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more
REAL PROPERTY UPDATE - Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more
In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more
In California eminent domain actions, absent special circumstances (such as an abandonment, successful right to take challenge, or inverse condemnation finding), a property or business owner is typically only entitled to...more
Property owners are routinely hiring attorneys well in advance of a public agency's filing of an eminent domain action. Many times, the representation begins before it is even certain whether the agency will actually move...more
This is the first installment in a series of articles related to lender-involved condemnation. This article provides an introduction to the principles of eminent domain and condemnation in a question and answer format. The...more
Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more
A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more
On occasion, public agencies decide to abandon or partially abandon an eminent domain proceeding. The most typical reason is due to a revision in project design, making the property no longer necessary for the proposed...more