Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
PLI's Pursuing Justice: The Pro Bono Files - Pro Bono and Reparations: The Bruce’s Beach Story
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
Regulatory Takings and Executive Power to Seize Property
It was another short week under the golden dome. After floor debate and committee meetings, many legislators headed back to their districts on Wednesday afternoon....more
A new California Court of Appeal decision – Department of Water Resources Cases (March 26, 2026) --- Cal.Rptr.3d ----, 2026 WL 835863 (Case No. C103207) – provides important clarity for water agencies planning major...more
Property Reserve, Inc. v. Superior Court (2016) 1 Cal. 5th 151, is a landmark precondemnation entry case that reinforced the statutory right of a party with the power of eminent domain to enter property to conduct tests and...more
Bottom line: Municipalities, redevelopment commissions, and their officials remain strongly protected from tort liability under the Indiana Tort Claims Act (“ITCA”) when condemnation decisions are made pursuant to statutory...more
The United States and Virginia Constitutions grant various governmental authorities, including state agencies, counties, cities, towns, sanitation districts, and many others, the power of eminent domain, permitting these...more
Public utilities rely on access to private and public land to build and maintain essential infrastructure. When voluntary acquisition efforts fall short, litigation becomes a necessary tool to secure those rights....more
Under Arizona’s Constitution, as under its federal counterpart, a condemning authority may acquire private property if the use to which the acquired property will be put is a proper public use. From the outset of any...more
As Nossaman’s annual eminent domain seminars are coming up on April 21st and April 28th, we thought it would be a perfect opportunity to do a little refresher on the condemnation process so that attendees are ready to dive in...more
Several changes to Virginia eminent domain law are now in effect following the General Assembly’s 2025 reform package. Most provisions took effect July 1, 2025, while certain requirements – such as the updated title...more
The February 19, 2026, decision of the United States Tax Court, which rejected the valuation of the charitable contribution of a conservation easement, is most informative because it turned on the highest and best use (HBU)...more
This is the second article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Powering the Future: Legal Challenges in Grid Modernization and Transmission". This series explores the...more
It was another busy week under the golden dome as legislators got to work in week three of the 2026 Legislative Session. While last Tuesday afternoon was quiet at the Capitol due to President Donald Trump visiting Iowa,...more
In Washington State, when a public agency determines it needs to acquire property for a public project, the agency will work directly with the private property owner to negotiate a purchase price for the property rights...more
The 91st General Assembly reconvened at the Capitol on Tuesday for a shortened week due to the Martin Luther King Jr. holiday. After over 300 bill introductions in week one, the pace of the legislature was slightly slower in...more
The first day featured leadership speeches and procedural business. Speeches from Iowa governmental leaders will continue, and major highlights and takeaways will be published in our legislative update at the end of the week....more
This seems like common sense, but a public agency cannot pursue an inverse condemnation cause of action for damages suffered from its own public improvements. Yet that is exactly what the County of Santa Cruz recently...more
On the first day of Christmas my client came to me and asked: “who holds title to the partridge in a pear tree that is within our new proposed right-of-way?” I replied that a partridge is a wild animal and not typically...more
As energy infrastructure projects ramp up along the U.S. Gulf Coast and beyond, the role of states in holding primary enforcement authority (“primacy”) for certain federal programs has taken center stage; this is particularly...more
Investors on the precipice of acquiring commercial real estate tend to focus on the “big ticket” items — the purchase price, the underwriting assumptions, the rent roll, the zoning strategy, but ignore the importance of a...more
Public utilities rely on access to private and public land to build and maintain essential infrastructure. Understanding the right-of-way and condemnation process enables utilities to secure land legally, avoid delays and...more
U.S. Eleventh Circuit Court of Appeals - Johnson v. Reliance - disability insurance, preexisting conditions, ERISA - Smothers v. Childers - § 1983, prison treatment, state law bar, Ala law - USA v. Oropesa -...more
The midstream oil and gas industry, a vital artery of the energy sector encompassing crucial transportation and storage infrastructure, operates within a highly competitive and intensely scrutinized market. Beyond the usual...more
During the past several years, California legislators have been pushing through new legislation to increase potential housing opportunities in California. In October, Governor Newsom signed California Senate Bill 79 (SB 79),...more
Getzel Bee is the name of a New Jersey limited liability company caught up in a strange condemnation case. ...more
Public infrastructure projects typically take years of planning. And sound government forecasting necessitates identifying future roads or extensions on general plan documents. If a property owner decides to purchase property...more