News & Analysis as of

Infrastructure Construction Project Eminent Domain

Snell & Wilmer

Arizona Supreme Court Expands Landowners’ Rights to Recover Severance Damages in Eminent Domain Cases

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In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more

Nossaman LLP

Eminent Domain for Off-Site Public Improvements Associated with Private Development

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Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval...more

Nossaman LLP

Right of Way 101

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This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more

Nossaman LLP

Are Legislatively Enacted Development Impact Fees on the Chopping Block?

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The Supreme Court has granted certiorari in George Sheetz v. County of El Dorado, agreeing to answer the question of whether legislatively enacted development impact fees are subject to a lower level of constitutional...more

Nossaman LLP

City’s Planning to Acquire Property Does not Trigger Precondemnation Damages or Inverse Condemnation Liability

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Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation, as the cloud of condemnation hangs over their property, making...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

Morgan Lewis

FERC Order Authorizing Pipeline Developers to Seize State-Owned Land

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A declaratory order issued by the Federal Energy Regulatory Commission (the Commission) on January 30 in Docket No. RP20-41-000 grants pipeline developers greater certainty in planning and siting construction. The order was...more

Rosenberg Martin Greenberg LLP

Just Say No…To The Condemning Authority’s First Offer, That Is.

Public infrastructure projects are on the rise, from new transit systems to comprehensive highway renovations and everything in between.  Behind the scenes, some governmental body is fast at work acquiring private land along...more

Nossaman LLP

New Alternative for Widening 55 Freeway Reduces Right-of-Way Impacts

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For years, we’ve been working with our public agency clients during the environmental and design-phase to minimize right-of-way impacts with new infrastructure projects. Yet for many agencies, property acquisitions are an...more

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