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Due Process Eminent Domain

Nossaman LLP

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

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In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more

Nossaman LLP

Update on COVID-19 Takings Cases

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As you may recall, it wasn’t too long after the Governor issued his executive order mandating the closure of certain businesses in California that the first takings lawsuit was filed. (See our coverage of Gondola Adventures,...more

Ballard Spahr LLP

Do the COVID-19 Shutdowns Constitute Takings Or Due Process Violations?

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A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more

Pillsbury - Gravel2Gavel Construction & Real...

Illinois Supreme Court Reverses Circuit Court Finding Lack of Jurisdiction Over Public Utility Administrative Actions

On October 18, the Illinois Supreme Court decided the case of Ameren Transmission Co. of Illinois v. Hutchings, et al. According to the Illinois Supreme Court, there is no presumption that Illinois courts have subject-matter...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2018

State Files Motion to Dismiss Federal Lawsuit by EQT - "Lawyers representing the Secretary of the state Department of Environmental Protection have filed a motion to dismiss a lawsuit by the natural gas company EQT over a...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Pillsbury - Gravel2Gavel Construction & Real...

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

Nossaman LLP

The Olympics’ Secret Use of Eminent Domain

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It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more

Nossaman LLP

Ninth Circuit Upholds Denial of Compensation for Access Impairment

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Earlier this week, in an unpublished decision (pdf), the Ninth Circuit affirmed the denial of compensation for construction that altered a point of access to an existing business. (Wardany v. City of San Jacinto (9th Cir....more

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