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Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
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Regulatory Takings and Executive Power to Seize 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
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more
Approximately 20% of Connecticut’s 169 municipalities usually conduct general revaluations every five years as required by law. Due to a quirk in the schedule, 2019 revaluations will be conducted by only 14 communities. While...more
In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more
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
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
In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more
As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more
Notwithstanding Maroun Court of Claims lawsuit attacking propriety of the Gordie Howe Bridge Project, the MDOT has filed dozens of new condemnations including against Maroun entities. On Friday, I posted a blog...more
Companies controlled by Mannie Maroun, who owns the Ambassador Bridge, have filed a lawsuit seeking to block MDOT condemnations to acquire property for the Gordie Howe Bridge. Mannie Maroun has spent years attempting to...more
Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more
On September 26, 2016, the Colorado Supreme Court, in a 7-0 opinion on an original proceeding, held the Colorado Department of Transportation (CDOT) has no condemnation authority under a 1994 resolution that unlawfully...more
In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more
REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more
Identifying and allocating the risks associated with right-of-way acquisition in design-build projects was a hot topic for the standing-room only crowd at last week’s annual Education Conference of the International Right of...more
Michael Lewis' new book, Flash Boys concerns high frequency traders using advance notice of a stock purchase to reap extra profits. Fittingly, the North Carolina Supreme Court's decision in Beroth Oil v. NCDOT was published...more
In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship...more