News & Analysis as of

Eminent Domain

Nossaman LLP

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

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After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more

Miller Starr Regalia

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use...

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Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second District Court of Appeal’s July 30, 2020 eminent domain decision in...more

Nossaman LLP

California Supreme Court Determines That Legal Issues Motions Cannot Be Made in Inverse Condemnation Actions

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It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more

Harris Beach PLLC

Land Use Appeals Favor Municipalities in New York SEQRA, EDPL Decisions

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Two recent rulings from the Second Department of the New York Appellate Division upheld local land-use decisions under the State Environmental Quality Review Act (SEQRA) and the State Eminent Domain Procedure Law (EDPL)....more

Bricker & Eckler LLP

D.C. Circuit bars long-standing FERC rehearing tolling practice

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On June 30, 2020, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denounced the practice of the secretary of the Federal Energy Regulatory Commission (FERC) in issuing tolling orders, which provide FERC with...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 25, July 2020

Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more

Pierce Atwood LLP

DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings

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The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself...more

Sands Anderson PC

2020 Legislative Update: New and Amended Laws Impacting Commercial Real Estate and Community Association Clients

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Every July 1st in Virginia, we can expect a few things without fail.  The summer heat and humidity will have settled down with a ponderous thud, here to remain, unwavering, for the rest of the summer.  The cicadas return –...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

Courts Find That Governors Enjoy Broad Police Power to Limit Private Activities in a Pandemic

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Across the country, state and local governments have responded to the coronavirus by limiting in various ways normal activities that were part of everyday life before the outbreak. A battery of lawsuits in state and federal...more

Nossaman LLP

[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal...

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Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more

Carlton Fields

Inverse Condemnation and Government Pandemic Response

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“No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”...more

Roetzel & Andress

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

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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

Troutman Pepper

Regulatory Takings and Executive Power to Seize Property

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Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and...more

Clark Hill PLC

The Use of Eminent Domain Powers to Combat COVID-19

Clark Hill PLC on

The federal government has been delegated authority to exercise eminent domain to acquire both real and personal property, including the right to take immediate possession of that property, through the Stafford Act, which...more

Holland & Knight LLP

Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay?

Holland & Knight LLP on

It's remarkable when you stop to think about all the things the American public has agreed to do because a governor or other official issues an order to do so. During the coronavirus (COVID-19) crisis, mayors and governors...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Condemnation/Landfill: New Jersey Appellate Court Anaylzes Just Compensation Award

The Superior Court of New Jersey, Appellate Division (“Court”) addressed in an April 9th Opinion issues related to the condemnation of a landfill. See New Jersey Sports and Exposition Authority v. Town of Kearney, 2020 WL...more

Nossaman LLP

Amendments to Proposed Legislation Would Change Municipalization / Eminent Domain Takeovers of Electric, Gas and Water Utilities

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We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...more

Nossaman LLP

Efforts at Reviving Redevelopment Continue

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There is an ongoing global pandemic and the world is rightly focused on news related to COVID-19.  Given the circumstances, other news is slipping below the radar.  Something you may have missed is another effort to revive...more

Nossaman LLP

Right of Way Professionals Opine on COVID-19 Impacts to the Profession

Nossaman LLP on

On April 1, Nossaman’s Eminent Domain Group hosted a webinar to discuss the impacts COVID-19 is having on the Right of Way industry. First, I’d like to thank the people who attended, many of whom added thoughtful questions...more

Faegre Drinker Biddle & Reath LLP

COVID-19 and the Declaration of Taking Act: The Federal Government’s ‘Take Now, Pay Later’ Eminent Domain Power

When the federal government takes property through its eminent domain power, the Constitution requires that it pay just compensation. The Constitution, however, does not require the government to pay before it takes...more

Baker Donelson

Can the Government Commandeer My Hotel to Fight COVID-19?

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With the COVID-19 pandemic in full swing, can the government take private hotel rooms to expand the capacity to care for individuals with or exposed to the virus? Governmental entities at every level are taking...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

Nossaman LLP

Navigating COVID-19 for the Right of Way Industry

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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

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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

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