Welcome to 'Just Compensation'
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
When a governmental authority targets all or part of a shopping center or mixed-use project for public improvement, the impact rarely falls on a single party. Fee owners, outparcel owners, anchor tenants, inline tenants,...more
In any eminent domain matter, the negotiation phase is critical. Long before litigation begins, and before the filing of a Certificate of Take, the manner in which condemning authorities prepare for and conduct discussions...more
Public utilities rely on access to private and public land to build and maintain essential infrastructure. When voluntary acquisition efforts fall short, litigation becomes a necessary tool to secure those rights....more
We’ve previously reported on the “Rails to Trails” process by which old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes, and the potential ability of...more
This case builds on the Court’s 2023 decision in Tyler v. Hennepin County, which held that governments may not keep surplus equity beyond what is owed in unpaid property taxes. ...more
As Nossaman’s annual eminent domain seminars are coming up on April 21st and April 28th, we thought it would be a perfect opportunity to do a little refresher on the condemnation process so that attendees are ready to dive in...more
Several changes to Virginia eminent domain law are now in effect following the General Assembly’s 2025 reform package. Most provisions took effect July 1, 2025, while certain requirements – such as the updated title...more
While state unclaimed property or escheatment laws, at least in theory, exist to help reunite people with their lost property, states are increasingly coming to view unclaimed property as just another revenue source. One...more
In Washington State, when a public agency determines it needs to acquire property for a public project, the agency will work directly with the private property owner to negotiate a purchase price for the property rights...more
A quick overview of Eminent Domain and its use in Texas The power of eminent domain originates in the Fifth Amendment of the United States Constitution (Takings Clause). A State’s eminent domain authority is delegated by...more
While there are many benefits to owning property in a common interest community, most people love to hate them. Condemnors should be especially wary when seeking to acquire property owned by a homeowners association....more
When a municipality acquires private property in an eminent domain case, it must first pay just compensation to the property owner. The municipality must file a complaint—a lawsuit—asking the appropriate court to enter a...more
On July 16, 2025, the New Jersey Supreme Court unanimously ruled that the state’s charity care requirement—which mandates that hospitals must treat patients regardless of their ability to pay—does not amount to...more
How Property Owners Can Maximize Their Recovery When the government exercises its power of eminent domain – the right to take private property for public use – it must pay the property owner just compensation. But what does...more
It is one of the most common assumptions made by clients in litigation: “If I win, the other side will have to pay my attorney’s fees, right?” Unfortunately, that assumption is often wrong—especially in North Carolina. The...more
In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more
When the government exercises its power of eminent domain to take private property for public use, the U.S. Constitution requires it to provide “just compensation” to the property owner. But what does “just compensation”...more
In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more
What is Eminent Domain? If you’re seeking a definition of eminent domain, you’ve likely recently received unsettling news from a government body or other entity with the power to take your property. It’s natural to ask,...more
In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein’s Executive Compensation and Employee Benefits group discuss some considerations for a company preparing for an...more
Appraising a property being acquired through eminent domain involves a number of unique valuation rules, including highest and best use, larger parcel, date of value, and unique evidentiary restrictions on comparable sales...more
When a public agency acquires property for a public project, property owners have a constitutional right to receive just compensation. But what about the businesses that operate on the property – are they entitled to...more
To address the diminishing capacity of our region’s electric grid, a New Jersey-based corporation known as the Public Service Enterprise Group (“PSEG”) is set to build 70 miles of aboveground power lines through Baltimore,...more
In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...more
The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more