News & Analysis as of

Just Compensation

Miller Starr Regalia

House of Representatives Again Passes Private Property Rights Protection Act

by Miller Starr Regalia on

On July 23, 2018, the U.S. House of Representatives unanimously passed the Private Property Rights Protection Act of 2017 (H.R. 1689). Sponsored by Wisconsin Congressman F. James Sensenbrenner, Jr. and California...more

Faegre Baker Daniels

Duty-Bound: Understanding the Government’s Duty to Negotiate Before Taking Property Through Eminent Domain

by Faegre Baker Daniels on

Governments and other condemning authorities need private property all the time to build projects such as roads, light rail transit systems, parks, electric lines, pipelines, waterworks facilities, hospitals, prisons and so...more

Latham & Watkins LLP

UK To Provide Compensation for Overseas Victims of Economic Crimes

by Latham & Watkins LLP on

A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation. The UK’s Serious Fraud Office (SFO), the Crown...more

Faegre Baker Daniels

Show Me the Money: Recoverable Damages in Indiana Eminent Domain Actions

by Faegre Baker Daniels on

Few things are more distressing than learning that your property is being taken by eminent domain . You undoubtedly will have many questions. What is the process by which my property is being taken? How long will the process...more

Faegre Baker Daniels

Don't Leave Money on the Table: A Brief Look at Relocation Benefits in a Condemnation Case

by Faegre Baker Daniels on

Relocation benefits are an often overlooked source of additional compensation that may be available in a condemnation case. A uniform federal act and corresponding state statutes provide that when a landowner is displaced...more

Pillsbury - Gravel2Gavel Construction & Real...

Alleged Government Inaction Did Not Amount to Inverse Condemnation and a Compensable Taking

On April 20, the U.S. Court of Appeals for the Federal Circuit decided the case of St. Bernard Parish Government, et al., v. U.S., reversing a decision by the U.S. Court of Federal Claims. The Court of Claims had found that a...more

Faegre Baker Daniels

Five Questions to Ask Before Hiring an Appraiser for a Condemnation Case

by Faegre Baker Daniels on

A highly skilled appraiser can be a champion for a landowner whose property is being taken by a government entity. A credible, well-supported appraisal report can help you reach a favorable settlement with the government on...more

Fox Rothschild LLP

NC Supreme Court Allows Brokers’ Fair Market Value Testimony

by Fox Rothschild LLP on

The North Carolina Supreme Court has held that real estate brokers may legally testify regarding the fair market value of real property in condemnation cases. In NCDOT v. Mission Battleground Leasco, LLC, the condemnee...more

Fox Rothschild LLP

Appellate Court Affirms Our York Verdict

by Fox Rothschild LLP on

I tried a case in York County, PA involving a condemnation of the former York County Prison. My clients purchased the property in the ‘80s and were waiting for the right time to develop the property when it was taken by the...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Ward and Smith, P.A.

N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

by Ward and Smith, P.A. on

In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property's fair market value. In its decision in North Carolina Department of Transportation v. Mission...more

Beveridge & Diamond PC

Supreme Court Poised to Overrule Requirement that Takings Claims be Filed In State Court

by Beveridge & Diamond PC on

Signaling a possible sea change in takings law, the United States Supreme Court has accepted for review the Third Circuit’s decision in Rose Mary Knick v. Scott Township, Pennsylvania, 862 F.3d 310 (3d Cir. 2017), cert....more

Farrell Fritz, P.C.

The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

by Farrell Fritz, P.C. on

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just...more

Nossaman LLP

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

by Nossaman LLP on

As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

Best Best & Krieger LLP

Depositions of Pre-Condemnation Appraisers for a Right to Take Trial

by Best Best & Krieger LLP on

California law requires condemning agencies to make an offer of just compensation to a property owner before adopting a resolution of necessity and initiating an eminent domain lawsuit. The offer must be provided with a...more

Locke Lord LLP

Podcast Episode 15 – Development Credits, Permitting, and Ripeness with Mark Miller of Pacific Legal Foundation

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 15, Mark Miller of the Pacific Legal Foundation joins us to talk about three cases that PLF is involved in presently, including the case of...more

Liskow & Lewis

Louisiana Supreme Court Upholds Expropriation of Commercial Venture

by Liskow & Lewis on

In a decision announced this week, the Louisiana Supreme Court ruled on the constitutionality and method of compensation for the expropriation by a governmental body of property owned by an ongoing commercial venture. In St....more

Faegre Baker Daniels

Three Considerations When Seeking Compensation for Lost Income Due to a Government Taking

by Faegre Baker Daniels on

Almost all real estate has the potential to generate income. An owner may rent out her property to commercial or residential tenants, or she might harvest and sell its natural resources, such as oil, gas, mineral deposits, or...more

Farrell Fritz, P.C.

Supreme Court Considers Zoning Merger Case- How does this apply in Southampton Town?

by Farrell Fritz, P.C. on

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more

Nexsen Pruet, PLLC

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

by Nexsen Pruet, PLLC on

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are...more

Clark Hill PLC

State Board Attacks Snyder Enbridge Deal

by Clark Hill PLC on

Recently, the Michigan Pipeline Safety Advisory Board adopted a resolution seeking temporary closure of the Line 5 pipeline. A majority of the board members abstained from the vote, potentially for political reasons, but...more

Clark Hill PLC

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

Clark Hill PLC

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

Locke Lord LLP

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

Miller Starr Regalia

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

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