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Fifth Amendment › Fair Market Value

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: J is for Just Compensation

Miles & Stockbridge P.C. on

In my last post, “Real Estate Alphabet Soup: I is for Improvements” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “J.” J is for “just...more

Nossaman LLP

Oakley to Condemn Century-Old Building for Street Widening Project

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As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more

King & Spalding

Circuit Court Affirms $237.5 Million Judgment Against Tuomey

King & Spalding on

On July 2, 2015, the Fourth Circuit affirmed a $237,454,195 judgment against Tuomey Health Care System (Tuomey) for violations of the Federal False Claims Act (FCA), which liability arose from violations of the Stark law....more

Nossaman LLP

Expanding Your View of Takings Law

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As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

Beveridge & Diamond PC

Supreme Court Puts Its “Takings Law” Foot Down

Beveridge & Diamond PC on

In Horne I, the Supreme Court held that a property owner, facing a governmental enforcement action, can assert as a defense that the action effects a “taking” of one’s property (here, a raisin crop) “without just...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Horne v. Department of Agriculture

Faegre Drinker Biddle & Reath LLP on

On June 22, 2015, the Supreme Court decided Horne v. Department of Agriculture, No. 14-275, holding that the Fifth Amendment’s Takings Clause applies to personal property as well as real property, and a requirement that...more

Nossaman LLP

Stanislaus County Moving Forward with Claribel Road Project

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After two years of negotiating with residential property owners, the Stanislaus County Board of Supervisors approved acquisition of the property by eminent domain. The Modesto Bee reports that the board approved the...more

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