News & Analysis as of

Just Compensation

Beware The Right Of Way Agent

by Clark Hill PLC on

Let’s face it. Sometimes right of way agents can be sleazy. Here are some tactics to avoid. I open this post with a disclaimer. All types of people can be confronted with a condemnation project. Their experience with legal...more

ITC’s Expanded Coldwater Project Implicates Special Just Compensation Issues for Farmers

by Clark Hill PLC on

ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers. This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural...more

Podcast Episode 11 - Damaging Clauses with Professor Maureen "Molly" Brady

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 11, Professor Molly Brady from the University of Virginia joins us to discuss damaging clauses and her recent law review article. She has...more

Court Rejects Regulatory Takings and Pre-Condemnation Misconduct Claims Based on Airport Land Use Commission’s Reclassification of...

by Miller Starr Regalia on

In Dryden Oaks, LLC v. San Diego County Regional Airport Authority, __ Cal.App.5th __ (October 19, 2017), the Fourth District Court of Appeal published a previously unpublished opinion addressing both regulatory takings and...more

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

Court Clarifies Rules for Takings, Precondemnation Damages Claims

by Nossaman LLP on

Two of the more complicated issues eminent domain attorneys face are analyzing whether government conduct rises to the level of a taking, and whether the government engaged in precondemnation conduct that gives rise to...more

Best Practices for Wastewater Utilities in Light of Virginia Inverse Condemnation Decision

by McGuireWoods LLP on

The Virginia Supreme Court recently expanded the potential liability of Virginia localities and public authorities for backups and overflows from sewage collection and treatment systems. The court allowed insurers who paid...more

Valuation Issues: Recovering Inseparable Damages

by Faegre Baker Daniels on

Imagine this: A local municipality has decided to expand the road behind your property. The road expansion project has many components. The number of lanes will increase from two to four. There will be a new raised median in...more

Beware of Common Insurance Company Tactics That Can Minimize Your Claim

by Howard Ankin on

Insurance companies frequently attempt to minimize or deny claims by using common tactics. Most individuals have little to no experience negotiating with insurance companies. The insurance companies know this and will use it...more

Judge Finds Florida Just Compensation Law Applies To Federal Pipeline Case

by Fox Rothschild LLP on

Property owners whose land will be taken for the Sabal Trail Transmission LLC’s natural gas pipeline should be compensated under Florida law rather than federal rules, a Florida federal judge ruled....more

U.S. Supreme Court Establishes New Test for Evaluating Property Rights Under the Takings Clause

by Holland & Knight LLP on

In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more

SCOTUS Establishes a New Three-Part Test To Determine the “Whole Parcel” in Regulatory Takings Cases

by Locke Lord LLP on

Property owners who allege a regulatory taking will now need to analyze their holdings against a new, fact-specific, three-factor standard announced by the U.S. Supreme Court to determine what constitutes the owners’ “whole...more

Redefining the Denominator: Supreme Court Adopts New Test in Regulatory Taking Case 

In Murr v. Wisconsin, the US Supreme Court declined to find that a landowner's riverfront property was the subject of a regulatory taking. In a 5-3 decision, the majority adopted a new test for defining the bounds of the...more

The Supreme Court Makes a Mess of Takings Law

by Beveridge & Diamond PC on

On June 23, the Supreme Court finally addressed directly the frequently posed question: When considering the claimed taking of a property interest by government regulation, what is the affected property to be considered? All...more

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

by Holland & Knight LLP on

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

by Carlton Fields on

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

SCOTUS Rejects Dueling Bright Line Tests to Identify Property at Issue in Regulatory Takings Cases

by Clark Hill PLC on

The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking. In the broadest...more

SCOTUS Decides Regulatory Takings Case

The US Supreme Court today issued its latest pronouncement on regulatory takings, Murr et. al, v. Wisconsin, et al. Justice Kennedy wrote for the Court, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. The issue was...more

More ET Rover Bungling...Or is it a Calculated Decision to Place Speed Over Safety?

by Clark Hill PLC on

ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that...more

Florida Changes Appraiser Licensing Law

by Fox Rothschild LLP on

Florida has enacted a bill changing its appraiser licensing law. HB 927 includes changes advocated by the Appraisal Institute. The law defines an “evaluation” as a “valuation permitted by any federal financial institutions...more

Texas Considers Eminent Domain Bill

by Fox Rothschild LLP on

The Texas Senate approved an eminent domain bill intending to expand on current legislation. The bill’s author, State Senator Lois Kolkhorst, said “This bill is designed to build off of Senate Bill 18 six years later as we’ve...more

Federal Circuit Rules that Starr International Lacks Standing to Pursue Class Claims Stemming from the U.S. Government’s...

On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the...more

Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

by Nossaman LLP on

Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Leftover Land? When the Government Takes Part of Your Property, What Happens to the Rest?

by Faegre Baker Daniels on

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more

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