News & Analysis as of

Condemnation

Beware The Right Of Way Agent

by Clark Hill PLC on

Let’s face it. Sometimes right of way agents can be sleazy. Here are some tactics to avoid. I open this post with a disclaimer. All types of people can be confronted with a condemnation project. Their experience with legal...more

ITC’s Expanded Coldwater Project Implicates Special Just Compensation Issues for Farmers

by Clark Hill PLC on

ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers. This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural...more

NJ Court Affirms Use Of Eminent Domain For Landfill

by Fox Rothschild LLP on

A NJ appellate court ruled that the state’s Sports and Exposition Authority had the right to use eminent domain to acquire a landfill to continue solid waste disposal there. The Court held that the New Jersey Sports and...more

SCOTUS Asked To Hear Tribal Land Condemnation Case

by Fox Rothschild LLP on

A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The...more

Consumers Filing Saginaw Lawsuits

by Clark Hill PLC on

Consumers Power has filed multiple lawsuits using eminent domain. I previously wrote Consumers Energy to Reconstruct Line 2800 Pipeline, a 24" Natural Gas Pipeline describing a new pipeline being constructed by Consumers....more

GA Supreme Court: Condemnees Must Be Given Appraisal Summary Before Condemnation

by Fox Rothschild LLP on

The Georgia Supreme Court has ruled that the city of Marietta violated the Georgia Landowner’s Bill of Rights when it condemned a grocery store without providing a summary of its appraisal to the property owner. The City...more

Federal Oversight of Zoning within the Fire Island National Seashore

by Farrell Fritz, P.C. on

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

Louisiana Supreme Court Hears Eminent Domain Case

by Fox Rothschild LLP on

The Louisiana Supreme Court heard oral arguments whether St. Bernard Parish port officials violated Louisiana’s eminent domain laws when they seized a privately run port operation along a mile of Mississippi River frontage in...more

San Diego Developer Strikes Out on “Disguised Taking” Claim

In Dryden Oaks, LLC v. San Diego County Regional Airport Authority et al.(D068161, filed 9/26/17, publication order 10/19/17), the California Court of Appeal, Fourth Appellate District held that the County of San Diego...more

Court Rejects Regulatory Takings and Pre-Condemnation Misconduct Claims Based on Airport Land Use Commission’s Reclassification of...

by Miller Starr Regalia on

In Dryden Oaks, LLC v. San Diego County Regional Airport Authority, __ Cal.App.5th __ (October 19, 2017), the Fourth District Court of Appeal published a previously unpublished opinion addressing both regulatory takings and...more

The Bird’s Eye View of the 1033 Exchange

Although many people are aware that real property held for business or investment may be exchanged for other, “like-kind” real property (and certain personal property) while deferring recognition of gain or loss for income...more

Gordie Howe Bridge Moves One Step Closer

by Clark Hill PLC on

The owners of the existing Ambassador Bridge lost one of their many arguments in Wayne County Circuit Court. The owners of the Ambassador Bridge, entities controlled by the Maroun family, have raised many objections to the...more

Fifth Circuit Denies Due Process-Based Request for Preliminary Injunction Against Intrastate Texas Gas Pipeline

On October 3, in the case of Boerschig v. Trans-Pecos Pipeline, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the lower court’s denial of request for a preliminary injunction to enjoin Texas state condemnation...more

PA Considers Bill Prohibiting Condemnations Land Locking Properties

by Fox Rothschild LLP on

A bill was introduced in the PA House of Representatives which stating that “in the case of a partial taking of the property of a condemnee, a condemnor may not render the remaining parcel inaccessible to the condemnee by...more

Best Practices for Wastewater Utilities in Light of Virginia Inverse Condemnation Decision

by McGuireWoods LLP on

The Virginia Supreme Court recently expanded the potential liability of Virginia localities and public authorities for backups and overflows from sewage collection and treatment systems. The court allowed insurers who paid...more

Obtaining Penndot Right Of Way As A Condition To Obtain Your Hop

by Fox Rothschild LLP on

If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need to improve...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Condemnation Risk Planning: Denial Is Not A Strategy

In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more

Valuation Issues: Recovering Inseparable Damages

by Faegre Baker Daniels on

Imagine this: A local municipality has decided to expand the road behind your property. The road expansion project has many components. The number of lanes will increase from two to four. There will be a new raised median in...more

ITC Files New Cases Seeking Rights in Livonia

by Clark Hill PLC on

As I have described in many past blog posts, ITC is engaging in a systematic campaign to increase its vegetation management rights throughout its entire Michigan transmission line system. I have handled the majority of the...more

NJ Court: State Can Condemn Easements For Beach Repair

by Fox Rothschild LLP on

The New Jersey Appellate Division has held that the government can condemn easements for beach projects. In that case, the DEP sought voluntary easements from the landowners as part of a dune-and-berm system spanning the...more

More ET Rover Bungling...Or is it a Calculated Decision to Place Speed Over Safety?

by Clark Hill PLC on

ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that...more

Tennessee Prohibits Eminent Domain For Industrial Parks.

by Fox Rothschild LLP on

Tennessee has enacted a law that will prohibit the use of eminent domain to condemn land for industrial parks. It deletes the “industrial parks” exception for takings under 29-17-102 (E), . It also provides that any property...more

Florida Changes Appraiser Licensing Law

by Fox Rothschild LLP on

Florida has enacted a bill changing its appraiser licensing law. HB 927 includes changes advocated by the Appraisal Institute. The law defines an “evaluation” as a “valuation permitted by any federal financial institutions...more

Texas Considers Eminent Domain Bill

by Fox Rothschild LLP on

The Texas Senate approved an eminent domain bill intending to expand on current legislation. The bill’s author, State Senator Lois Kolkhorst, said “This bill is designed to build off of Senate Bill 18 six years later as we’ve...more

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