On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more
On August 20, 2024, the Supreme Court of Pennsylvania issued a ruling in Wolfe v. Reading Blue Mountain & Northern RR Co. The Court overturned the Commonwealth Court’s determination that a condemnation of private land by a...more
It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions...more
2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more
In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property. That standard ignores the owners’ ‘subjective’ losses, such...more
When we take on an eminent domain case, our primary goal is to put our client in the best position possible. In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more
In Colorado, eminent domain (also known as condemnation) proceedings take place in several stages. These proceedings are similar to, but not the same as, other civil trials. Most attorneys — let alone property owners — do not...more
The Texas Legislature recently approved five bills that will impact eminent domain matters throughout the state. HB 2730- HB 2730 was signed by Governor Greg Abbott on June 16, 2021, and goes into effect on January 1,...more
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
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
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
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
The Advisory Committee on Rules of Court for the Supreme Court of Virginia is seeking public comment on a proposal to amend the Alternative Pretrial Order for Eminent Domain Cases (Form 3-A) to conform with an amendment to...more
The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property...more
In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more
For landowners, learning that the government intends to take their property is always a rude awakening. After receiving notice that the government seeks to acquire a piece of land, the landowner sets off on a difficult...more
The decision’s ramifications are significant for both public condemnors and private landowners. The Texas Supreme Court held on Friday that the City of Rowlett’s condemnation of land owned by a private developer was a...more
Eminent domain cases in Virginia involve, often, a two-stage process by which to finally resolve the acquisition of private property for public use. At the end of trial, a condemnation jury (or commission) issues a report...more
While modern technological advances often allow lawyers, clients and courts attractive opportunities to fulfill their roles virtually and at lower cost, when a lawsuit involves real estate, there is simply no substitute for...more
When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the...more
So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more
Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more
Wolverine appears to be staging the filing of lawsuits to secure rights from larger, commercial properties in Washtenaw County before implementing processes against residential properties in Wayne and Washtenaw Counties. ...more
On Friday, May 20, Bill Hanigan of the Davis Brown Law firm filed separate lawsuits on behalf of Verdell and Marian Johnson, and Marvin and Bonnie Zoch, against Dakota Access Pipeline Company. Both couples are Cherokee County...more