News & Analysis as of

Eminent Domain

Infrastructure Series: Fast-Tracking Electric Transmission Infrastructure

by WilmerHale on

This is the third issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Another Inverse Condemnation Temporary Damages Claim Fails to Get Off the Ground

by Nossaman LLP on

As we’ve seen all too many times in California, when local municipalities delay development approvals — even improperly — courts are reluctant to find liability under an inverse condemnation cause of action and award...more

Sewer Authorities Could Owe Compensation For Repeated Sewage Overflows

Sewage backups tend to make relationships between landowners and their municipal sewer authorities rather, well, messy. When property is impacted by a sewer authority’s negligence, landowners would typically find a remedy in...more

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

by Nossaman LLP on

As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

Depositions of Pre-Condemnation Appraisers for a Right to Take Trial

by Best Best & Krieger LLP on

California law requires condemning agencies to make an offer of just compensation to a property owner before adopting a resolution of necessity and initiating an eminent domain lawsuit. The offer must be provided with a...more

Podcast Episode 16 - Tales from the Border Wall with T. Christian Miller

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 16, T. Christian Miller of ProPublica joins us to talk about ProPublica's series of articles on the Border Wall. The excellent series can be...more

NJ Court Rejects Argument That Condemnor Drove Down Property’s Value

by Fox Rothschild LLP on

A New Jersey appellate Court on Monday upheld a $4.4 million valuation of a parking lot condemned by the city of Hoboken. In Ponte Equities Inc. et al. v. City of Hoboken, the property owners sought additional damages...more

Currents - Energy Industry Insights - February 2018 #4

Dominion to Start Cove Point LNG Exports Early March - "Dominion Energy said it expects to start exporting liquefied natural gas from its Cove Point terminal in Maryland, the second U.S. facility to produce LNG from shale...more

Learn More About the Uniform Standards of Professional Appraisal Practice (USPAP)

by Nossaman LLP on

On Tuesday, March 20, beginning at 11:30 a.m. PT, Chapter One of the International Right of Way Association (IRWA) will be holding a joint luncheon with the Southern California Chapter of the Appraisal Institute at Luminarias...more

Podcast Episode 15 – Development Credits, Permitting, and Ripeness with Mark Miller of Pacific Legal Foundation

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 15, Mark Miller of the Pacific Legal Foundation joins us to talk about three cases that PLF is involved in presently, including the case of...more

SCOTUS Declines Fla. Keys Property Rights Appeal

by Fox Rothschild LLP on

The U.S. Supreme Court has decided not to hear the appeal of the owner of a Florida Keys island who alleged that increasingly restrictive development regulations have harmed his property rights. The property owner argued that...more

Notable Eminent Domain and Inverse Condemnation Cases from 2017 (and one from 2018)

Here are the cases that caught our attention from the universe of eminent domain and inverse condemnation during 2017 (and one case from January 2018)....more

Yet Another ET Rover Pipeline Accident

by Clark Hill PLC on

The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident. I have documented past problems with the construction of the ET Rover pipeline. Last week, yet...more

President’s Infrastructure Proposal Delayed

by Clark Hill PLC on

President’s Trump’s campaign promise to implement massive infrastructure spending likely delayed until after the State of the Union address. While campaigning, President Trump promised to both expedite the processes...more

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

by Ward and Smith, P.A. on

When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

West Coast Real Estate Update - January 2018

by Holland & Knight LLP on

Apartment Owner Loses Court Battle with Airbnb - A federal judge in Los Angeles recently dismissed a lawsuit by the owner of the 4,255-unit Park La Brea apartment complex against Airbnb Inc. that sought to hold the online...more

Three Considerations When Seeking Compensation for Lost Income Due to a Government Taking

by Faegre Baker Daniels on

Almost all real estate has the potential to generate income. An owner may rent out her property to commercial or residential tenants, or she might harvest and sell its natural resources, such as oil, gas, mineral deposits, or...more

SCOTUS Will Not Hear FL Eminent Domain Case

by Fox Rothschild LLP on

The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit...more

NYC May Use Eminent Domain To Deal With Homeless Issues

by Fox Rothschild LLP on

To address the homeless crisis, NY City will acquire buildings that house homeless families to convert them to affordable housing, using with legal force if necessary. It has stated that it will use eminent domain if...more

Podcast Episode 13 - Penn Central and the Loft by Central Park

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 13, Professor Jamila Jefferson-Jones joins us to discuss the sharing economy, regulations on short-term rentals, and how such regulations...more

MDOT Planning To Remove I-375 In Detroit. If History Were Different, Could A Proposal To Build It Be Challenged?

by Clark Hill PLC on

I take a run at historical fiction in light of MDOT’s plans to remove I-375 and in the process discuss necessity and public use concepts. The Michigan Department of Transportation (MDOT) recently announced that it is...more

When Proposed Public and Private Projects Collide

by Nossaman LLP on

Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

Caltrans’ Ceres Interchange Project May Result in Eminent Domain

by Nossaman LLP on

With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects. According to an article in the Ceres...more

Podcast Episode 12 - When the Government Pays for the Moving Van with Ms. Lisa Harrison

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. ...more

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