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Just Compensation Appeals Eminent Domain

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

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The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Keating Muething & Klekamp PLL

Eminent Domain Insight: Ohio Supreme Court Weighs in on Challenging the Necessity of a Public Use in a Utility Condemnation Action

Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more

Smith Anderson

Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private Property

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A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

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When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more

Nossaman LLP

Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more

Sands Anderson PC

Dwyer v. Town of Culpeper: Final Orders and Virginia Condemnation Law

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Eminent domain cases in Virginia involve, often, a two-stage process by which to finally resolve the acquisition of private property for public use. At the end of trial, a condemnation jury (or commission) issues a report...more

Nossaman LLP

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

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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

Nossaman LLP

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

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When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

Nossaman LLP

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

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Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

Nossaman LLP

Homeowners Cannot Recover for Blocked Views of Hollywood Sign

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One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more

Snell & Wilmer

School district’s condemnation of a private road passes the test

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The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

Nossaman LLP

Waivers of Rights to Compensation are Enforceable in Eminent Domain Actions

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It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more

Faegre Drinker Biddle & Reath LLP

Colorado Supreme Court Oral Argument Held in Case Deciding Whether Courts and Commissions May Overrule Each Other in Eminent...

In June, the Colorado Supreme Court held oral argument in a case that is set to shape the way condemnation actions will be tried to commissions in the future. In Colorado, a landowner has the right to choose whether a jury or...more

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