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Eminent Domain

Roetzel & Andress

Court Rejects Use of Eminent Domain for Recreational Trail

Roetzel & Andress on

There has been a major development in the ongoing legal fight over the ability of the Mill Creek Metropolitan Park District in Mahoning County to condemn private property for its bikeway project. ...more

Nossaman LLP

City’s Forced Sale of Public Nuisance Property Not a Taking

Nossaman LLP on

When the government forces a property owner to sell private property, it is usually done through an eminent domain action (a direct taking), and the government is required to pay just compensation. But what if the forced sale...more

Keating Muething & Klekamp PLL

Eminent Domain Insight: Ohio Supreme Court Weighs in on Challenging the Necessity of a Public Use in a Utility Condemnation Action

Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more

Sands Anderson PC

Handling Construction Changes During the Eminent Domain Process

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Any project involving the exercise of eminent domain includes the strong likelihood that there will be a series of changes during the planning and construction phases. Yet, while construction needs may warrant a change in the...more

Roetzel & Andress

U.S. Supreme Court Holds That Private Company Can Exercise Federal Condemnation Authority Over State-Owned Land

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The U.S. Supreme Court shocked many observers with its recent decision in PennEast Pipeline Co. v. New Jersey by holding that sovereign immunity does not insulate State-owned land from being condemned by a private company in...more

Faegre Drinker Biddle & Reath LLP

A Roadmap to Illinois Eminent Domain Cases

For property owners, the process of eminent domain — the legal proceeding through which the government can acquire private property for a public purpose — can be a long and intimidating journey. Once an owner becomes aware...more

Tucker Arensberg, P.C.

Eminent Domain - Attorney Needed for Private Landowner Rights?

Tucker Arensberg, P.C. on

With billions in Federal infrastructure improvement funding set to pour into Pennsylvania in coming years, privately owned land across the state will be impacted by thousands of “public purpose” projects. In terms of...more

Nossaman LLP

Granting of Water Supplies Vitiates Public Entity’s Need to Acquire Ground Water Rights through Eminent Domain

Nossaman LLP on

Rosamond Community Services District (“RCSD”) recently approved the adoption of a resolution of necessity and filed a case to acquire water rights from agricultural land by eminent domain. After the adoption of the Resolution...more

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

Waterworks/Condemnation Proceedings: Arkansas Court of Appeals Addresses Applicable Statutory Authorities

The Arkansas Court of Appeals (“ACA”) addressed in a February 2nd Opinion an issue arising out of a municipality’s use of statutory condemnation authorities to construct a treated-water transmission line....more

Keating Muething & Klekamp PLL

Eminent Domain Insight: When ODOT Needs Your Property

The Ohio Department of Transportation has statutory authority to appropriate real property, but there are limitations to this authority. Among other limitations, ODOT must pay just compensation for the take....more

Roetzel & Andress

The Infrastructure Investment and Jobs Act Will Increase Eminent Domain Activity—Get Ready

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After much debate, President Joe Biden signed into law the $1.2 trillion bipartisan Infrastructure Investment and Jobs Act last November. The Act provides for $550 billion in new federal spending in infrastructure. The...more

Keating Muething & Klekamp PLL

Eminent Domain Snapshot: Relocation Fees for Adjacent Properties

In Ohio, a condemning authority has the power to take private property for public use through eminent domain. This power is limited, however, by the requirements under the United States and Ohio Constitutions that require the...more

Stark & Stark

Eminent Domain Issues Affecting New Jersey Condominiums - Can the Government Really Take Part of Our Common Elements?

Stark & Stark on

Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use. When this awesome power is exercised, the government must pay the property owner...more

Faegre Drinker Biddle & Reath LLP

What To Do When Facing a Government Taking: A Colorado Eminent Domain FAQ

You received a Notice of Intent from the government or private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and tips on how to protect your rights during...more

Nossaman LLP

2021 Eminent Domain Case Law Year in Review

Nossaman LLP on

Throughout all of the ups and downs in 2021, there have been multiple developments on the eminent domain front, including the special occasion where the U.S. Supreme Court heard a takings case. Outside of case law, 2021 saw...more

Nossaman LLP

Water Utility Avoids Inverse Condemnation Liability

Nossaman LLP on

Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more

Nossaman LLP

Valuing Water Rights in Eminent Domain

Nossaman LLP on

As water becomes scarcer in California, public agencies are looking for new sources and opportunities to provide water to their communities. When the government identifies those water sources but confronts unwilling sellers,...more

Faegre Drinker Biddle & Reath LLP

Stages of an Eminent Domain Proceeding in Colorado

In Colorado, eminent domain (also known as condemnation) proceedings take place in several stages. These proceedings are similar to, but not the same as, other civil trials. Most attorneys — let alone property owners — do not...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

Vinson & Elkins LLP

Feds May Need Power To Take State Lands For New Grid

Vinson & Elkins LLP on

Ambitions to decarbonize the power sector by 2035 face a number of significant hurdles — the most intractable of which may be the extent of corresponding highvoltage transmission infrastructure necessary to accommodate the...more

Roetzel & Andress

What is a ‘Quick Take’ in Eminent Domain Law?

Roetzel & Andress on

By and large, the default for eminent domain cases is paid compensation before a property is taken, and after a court has reached a verdict about the value of that compensation. However, there is one common ‘exception’ to...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

Roetzel & Andress

Can I Challenge the Authority of a Condemning Party in Ohio?

Roetzel & Andress on

I regularly present on eminent domain, and one of the most common questions that came up this past year during live or remote presentations had to do with necessity determinations made by a condemning authority. ...more

Crowe & Dunlevy

Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout

Crowe & Dunlevy on

For most people, the knee jerk response to taking someone else’s private property for any reason is that it’s wrong. However, the legal concept of a government’s right to expropriate private property for public use, also...more

Roetzel & Andress

What Do I Need To Know About Eminent Domain Compensation?

Roetzel & Andress on

When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation. This process is ultimately what a...more

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