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Eminent Domain Public Use

Podcast Episode 9 - Special Use Properties and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of...

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 9, I share a recent presentation regarding valuation of special use properties. During that presentation, I also touched upon the little...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

Kelo Gives a Reasonable and Long-Accepted Reading of the Fifth Amendment, but it Remains one of the Supreme Court’s Worst...

by Miller Starr Regalia on

In 2005, the United States Supreme Court decided in Kelo v. City of New London, 545 U.S. 469 (2005), that the Constitution allows the government to take private property through eminent domain for the purpose of “economic...more

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

by Nossaman LLP on

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

by Nossaman LLP on

Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

Eminent Domain in California – What You Should Know and What You Can Do BEFORE the Government Comes to Take Your Property

Public development and infrastructure projects are on the rise in California. This is a good thing for the economy. InfrastructureBut it also means that private property will often be needed to complete these projects. Public...more

Government May Use Eminent Domain to Save Mobile Home Park from Closure

by Nossaman LLP on

Santa Clara County, the City of Palo Alto, and the local Housing Authority have come together to acquire the Buena Vista mobile home park from its current owner, the Jisser family, in an effort to save the mobile home park...more

So the Government Wants Your Property: Answers to 10 of the Most Common Landowner Questions

by Faegre Baker Daniels on

If the government is seeking to take your property, it’s important to ensure you receive fair treatment and compensation. Read on for an outline of what to expect and tips to protect yourself during the condemnation process....more

UPDATE: Pa. Commonwealth Court Affirms Trial Court Decision Permitting Use of Eminent Domain by Pa. Gas Utility to Supply Private...

by Reed Smith on

A three-judge panel of the Pennsylvania Commonwealth Court, in a pair of memorandum opinions, recently affirmed a trial court decision authorizing a natural gas public utility to use its eminent domain power to condemn an...more

School district’s condemnation of a private road passes the test

by Snell & Wilmer on

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

Lenders React to Richmond's Plan to Condemn Mortgages by Filing Suit

by Nossaman LLP on

We all knew this was coming (see my post from July 23). If you poke a sleeping giant, it's going to file a lawsuit against you in federal court. Yesterday, in response to the City of Richmond's preliminary actions to...more

Banks are Entitled to Recover Compensation in Condemnation Actions

by Lane Powell PC on

Eminent domain or condemnation is the process by which the government is permitted to acquire a citizen’s private property for public use, after paying just compensation. Typically, property is acquired by the government...more

Lender-Involved Condemnation Part 1: Principles of Condemnation

by Baker Donelson on

This is the first installment in a series of articles related to lender-involved condemnation. This article provides an introduction to the principles of eminent domain and condemnation in a question and answer format. The...more

Iligan v. Ungacta

Motion For Leave To File And Brief Of Amici Curiae The National Federation Of Independent Business Small Business Legal Center;...

by Cato Institute on

One of the biggest dangers of not providing adequate constitutional protections for private property is that public officials can misuse their power to take property for private gains. Government actors, after all, have an...more

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