News & Analysis as of

Eminent Domain Coronavirus/COVID-19

Allen Matkins

Sustainable Development and Land Use Update - August 2021 #4

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California advances two zoning bills seeking to promote scarce housing - U.S. News & World Report – August 26 - Spurred by an affordable housing shortage, spiking home prices, and intractable homelessness, California...more

McDonnell Boehnen Hulbert & Berghoff LLP

If the Devil of the WTO IP Waiver Is in the Details, What Are the Details?

While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the...more

Nossaman LLP

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

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In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...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

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

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

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 respond. ...more

Clark Hill PLC

The Use of Eminent Domain Powers to Combat COVID-19

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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?

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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

Nossaman LLP

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

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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

Faegre Drinker Biddle & Reath LLP

Condemnation and COVID-19: When National Emergencies and Eminent Domain Collide

Federal, state and local governments are already taking unprecedented steps to “flatten the curve” of COVID-19 (commonly referred to as the coronavirus) to slow transmission and keep our health care system from surging past...more

Nossaman LLP

Governor’s Use of Emergency Power to Commandeer Property Requires Payment of “Reasonable Value”

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As COVID-19 spreads throughout the globe and the United States, our national, state and local governments are taking wide-reaching but necessary actions to respond to this novel coronavirus....more

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