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Constitutional Challenges Just Compensation Eminent Domain

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more

Cranfill Sumner LLP

What Is Eminent Domain?

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What is Eminent Domain? If you’re seeking a definition of eminent domain, you’ve likely recently received unsettling news from a government body or other entity with the power to take your property. It’s natural to ask,...more

Nossaman LLP

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

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One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Nossaman LLP

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

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Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

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