News & Analysis as of

Easements Eminent Domain

Schwabe, Williamson & Wyatt PC

Understanding Easement Law in Washington State

This article discusses certain legal issues on how courts interpret written easements, and provides some highlights on Washington easement law. The quotations below all come from various Washington appellate and federal court...more

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

Nossaman LLP on

The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Ackerman & Ackerman, P.C.

Transmission Lines and Eminent Domain: What Property Owners Need to Know

One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more

Amundsen Davis LLC

Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

Amundsen Davis LLC on

On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,...more

Ackerman & Ackerman, P.C.

In cases involving partial takings of easements, just compensation must be based on the condemnor’s maximum possible use of the...

Our office routinely handles utility takings, which often involve partial takings of easements for transmission lines or pipelines. As governments attempt to improve the electrical grid to support the transportation of wind...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: June 1, 2022-December 31, 2023

Nossaman LLP on

UNITED STATES UPDATES - California - Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) - Facts: A property owner who owned a hotel in Los...more

Gray Reed

Pipeline Prevails Over Governmental Entity in Condemnation Dispute

Gray Reed on

A pipeline company condemning property of a governmental entity? That’s something you don’t see every day. Score a win for “big pipe” against “big government”. In Harris County Fresh Water Supply District No. 61 v. Magellan...more

Nossaman LLP

Eminent Domain Helps Satisfy Conditions of Approval

Nossaman LLP on

Developers often have to satisfy various conditions of approval in order to achieve the necessary approvals to move forward with a project. Sometimes these conditions include requirements to acquire land for public...more

Keating Muething & Klekamp PLL

Court Scrutinizes “Public Use” in Gas Utility Condemnation

Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more

Nossaman LLP

On-Demand Webinar | Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies

Nossaman LLP on

Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more

Troutman Pepper

Supreme Court Rules that PennEast, Gas Pipelines May Condemn State-Owned Land

Troutman Pepper on

On June 29, 2021, the Supreme Court of the United States ruled that a certificate of public convenience and necessity issued by FERC under section 7 of the Natural Gas Act (“NGA”) authorizes a private company to exercise...more

Husch Blackwell LLP

Federal Courts Issue A Mixed Bag Of Decisions On Natural Gas Pipeline Permitting

Husch Blackwell LLP on

Late last month, the Federal Courts issued two major rulings involving certificates of public convenience and necessity for natural gas pipelines issued by the Federal Energy Regulatory Commission. While a decision by the...more

Husch Blackwell LLP

New Eminent Domain Laws From The 2021 Texas Legislative Session

Husch Blackwell LLP on

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

Holland & Knight LLP

Supreme Court Upholds Interstate Pipeline Eminent Domain Powers Over State Immunity

Holland & Knight LLP on

In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more

Ballard Spahr LLP

Supreme Court Rules that Private Parties May Condemn State-Owned Property

Ballard Spahr LLP on

On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more

Nossaman LLP

SCOTUS’ Take On Takings

Nossaman LLP on

The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more

Bricker Graydon LLP

Ohio Supreme Court: Eminent domain just compensation trials for electric transmission line easements must wait while necessity of...

Bricker Graydon LLP on

In Ohio, utility companies generally have eminent authority where they are unable to negotiate voluntary easements with landowners. However, utilities do not have so-called “quick-take” authority and must wait to begin...more

Pierce Atwood LLP

Mass. High Court Declines to Expand Prior Public Use Doctrine

Pierce Atwood LLP on

In its decision last week in Town of Sudbury vs. Massachusetts Bay Transportation Authority, the Massachusetts Supreme Judicial Court (SJC) declined to expand the reach of the common-law prior public use doctrine. As the...more

Nossaman LLP

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

Nossaman LLP on

We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

Roetzel & Andress

Federal Court Excludes Evidence Of Stigma Damages In Eminent Domain Case Involving Gas Pipeline

Roetzel & Andress on

A recurring theme in the area of eminent domain is so-called “stigma damages” caused by the construction of an improvement that may be thought to reduce the market value of a property. A common example is gas pipelines, which...more

Nossaman LLP

Navigating COVID-19 for the Right of Way Industry

Nossaman LLP on

COVID-19 has undoubtedly upended the world, including the way we do business and the future of our economy. While our focus should continue to be on the health and safety of our families, friends, and communities, many in the...more

Nossaman LLP

[Webinar] Navigating COVID-19 for the Right of Way Industry - April 1st, 1:00 pm - 2:00 pm PT

Nossaman LLP on

Please join our Eminent Domain & Valuation Group for a special webinar on “Navigating COVID-19 for the Right of Way Industry” on April 1, 2020. While COVID-19 has undoubtedly upended the world, many in the right of way...more

Nossaman LLP

Unpublished Decision Looks at Valuation Methodologies

Nossaman LLP on

In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: E is for Easement and Eminent Domain

In my last post, “Real Estate Alphabet Soup: D is for Deed” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “E.”...more

49 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide