News & Analysis as of

Condemnation

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Ballard Spahr LLP

Supreme Court Agrees to Hear Pipeline Condemnation Case

Ballard Spahr LLP on

On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more

Nossaman LLP

COVID-19 Update: Takings Lawsuits May be Making Headway

Nossaman LLP on

We have been following for some time now the COVID-19 takings lawsuits that have been popping up since California’s first closure orders. As we previously reported, these cases did not seem to be making much traction in the...more

Saul Ewing Arnstein & Lehr LLP

United States Files Amicus Brief in Support of PennEast Pipeline Company’s Petition for a Writ of Certiorari in Closely-Watched...

On December 9, 2020, the Acting Solicitor General filed a brief on behalf of the United States, as amicus curiae, in support of PennEast Pipeline Company’s petition for a writ of certiorari seeking review of a decision of the...more

Faegre Drinker Biddle & Reath LLP

Unfunded and Delayed Infrastructure Projects: Concerns for Landowners Facing Condemnation

Both Democrats and Republicans support a major infusion of funding into rebuilding the nation’s infrastructure. We’re not just talking about roads, bridges and highways — airports, the smart grid, water systems, electricity...more

Nossaman LLP

County's Forever Green Condition on Private Development Not a Taking

Nossaman LLP on

While there is a healthy debate over just how much the sea level will rise over the next 50 years, there is at least a general consensus that the sea level will rise. What this means for those on the coast depends on the...more

Nossaman LLP

Don’t Forget to Value Those Billboards in Condemnation!

Nossaman LLP on

When a public agency seeks to acquire property by eminent domain, the agency’s appraiser sometimes forgets to account for unique value attributes of the property. For example, the valuation may fail to take into account...more

Winstead PC

SMU Annual Texas Survey - Article 13, Vol. 6

Winstead PC on

This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This...more

Gray Reed

Lignite Lease Prevails Over Pipeline Easement

Gray Reed on

San Miguel Electric Coop is a Texas nonprofit electric cooperative that owns and operates a power plant that supplies electricity to 38 Texas counties. After a four-week absence, they return to these pages, this time in DCP...more

Perkins Coie

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

Perkins Coie on

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

Nossaman LLP

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

Nossaman LLP on

After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more

Miller Starr Regalia

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use...

Miller Starr Regalia on

Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second District Court of Appeal’s July 30, 2020 eminent domain decision in...more

Nossaman LLP

California Supreme Court Determines That Legal Issues Motions Cannot Be Made in Inverse Condemnation Actions

Nossaman LLP on

It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more

Clark Hill PLC

The Use of Eminent Domain Powers to Combat COVID-19

Clark Hill PLC on

The federal government has been delegated authority to exercise eminent domain to acquire both real and personal property, including the right to take immediate possession of that property, through the Stafford Act, which...more

Holland & Knight LLP

Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay?

Holland & Knight LLP on

It's remarkable when you stop to think about all the things the American public has agreed to do because a governor or other official issues an order to do so. During the coronavirus (COVID-19) crisis, mayors and governors...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Condemnation/Landfill: New Jersey Appellate Court Anaylzes Just Compensation Award

The Superior Court of New Jersey, Appellate Division (“Court”) addressed in an April 9th Opinion issues related to the condemnation of a landfill. See New Jersey Sports and Exposition Authority v. Town of Kearney, 2020 WL...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 5

First wrongful death lawsuit from COVID-19 filed against employer.   Despite Walmart taking extensive measures to protect "associates and customers, including additional cleaning measures, installing sneeze guards at...more

Faegre Drinker Biddle & Reath LLP

COVID-19 and the Declaration of Taking Act: The Federal Government’s ‘Take Now, Pay Later’ Eminent Domain Power

When the federal government takes property through its eminent domain power, the Constitution requires that it pay just compensation. The Constitution, however, does not require the government to pay before it takes...more

Greenbaum, Rowe, Smith & Davis LLP

Governor Murphy Signs Executive Order 113 Authorizing the Taking of Private Property to Combat the COVID-19 Crisis

On April 2, 2020, New Jersey Governor Phil Murphy issued Executive Order 113, which authorizes the New Jersey State Director of Emergency Management, in consultation with the Commissioner of the New Jersey Department of...more

Baker Donelson

Can the Government Commandeer My Hotel to Fight COVID-19?

Baker Donelson on

With the COVID-19 pandemic in full swing, can the government take private hotel rooms to expand the capacity to care for individuals with or exposed to the virus? Governmental entities at every level are taking...more

Eversheds Sutherland (US) LLP

The COVID-19 pandemic’s impact on US lease obligations

As COVID-19 continues to spread and claim lives, various federal, state, and local government agencies have reacted with unprecedented measures around, among other issues, social distancing and business closures. Indeed, as...more

Faegre Drinker Biddle & Reath LLP

Condemnation and COVID-19: When National Emergencies and Eminent Domain Collide

Federal, state and local governments are already taking unprecedented steps to “flatten the curve” of COVID-19 (commonly referred to as the coronavirus) to slow transmission and keep our health care system from surging past...more

Roetzel & Andress

Ohio Eminent Domain: Appellate Court Gives Condemning Authorities Green Light To Appraisal Shop In order To “Low Ball” Pre-Suit...

Roetzel & Andress on

Ohio courts have long held that a condemning authority fails to satisfy the good faith offer requirement if the offer is not based on an appraisal. See Media One v. Manor Park Apts Ltd., 11th Dist. Lake No. 2000-L-045, 2000...more

Snell & Wilmer

FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

Snell & Wilmer on

In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.” The Natural Gas Act (“NGA”) provides...more

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