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®
Procedures governing eminent domain actions differ in some respects from other areas of law. Notably, all issues, except the sole issue of compensation, are adjudicated by the court....more
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
In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property. That standard ignores the owners’ ‘subjective’ losses, such...more
When we take on an eminent domain case, our primary goal is to put our client in the best position possible. In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more
The payment of “just compensation” for the taking of private property includes more than merely writing a check to the property owner after a jury determines the current fair market value of the taking. A property owner is...more
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
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
For property owners, the process of eminent domain — the legal proceeding through which the government can acquire private property for a public purpose — can be a long and intimidating journey. Once an owner becomes aware...more
Eminent domain, sometimes referred to as condemnation, occurs when the government exercises its power to take private property for public use. When this awesome power is exercised, the government must pay the property owner...more
You received a Notice of Intent from the government or private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and tips on how to protect your rights during...more
In Colorado, eminent domain (also known as condemnation) proceedings take place in several stages. These proceedings are similar to, but not the same as, other civil trials. Most attorneys — let alone property owners — do not...more
I regularly present on eminent domain, and one of the most common questions that came up this past year during live or remote presentations had to do with necessity determinations made by a condemning authority. ...more
When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation. This process is ultimately what a...more
It's remarkable when you stop to think about all the things the American public has agreed to do because a governor or other official issues an order to do so. During the coronavirus (COVID-19) crisis, mayors and governors...more
The Superior Court of New Jersey, Appellate Division (“Court”) addressed in an April 9th Opinion issues related to the condemnation of a landfill. See New Jersey Sports and Exposition Authority v. Town of Kearney, 2020 WL...more
When the federal government takes property through its eminent domain power, the Constitution requires that it pay just compensation. The Constitution, however, does not require the government to pay before it takes...more
On June 21, 2019, the U.S. Supreme Court decided the landmark case of Knick v. Twp. of Scott, Pennsylvania, 139 S.Ct. 2162 (2019), holding that a property owner can bring an action in federal court under 42 U.S.C. § 1983 to...more
In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more
The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property...more
In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more
Most property owners understand that if the government wants to take their property in an eminent domain proceeding, it is constitutionally required to provide just compensation. But most property owners are surprised to...more
For landowners, learning that the government intends to take their property is always a rude awakening. After receiving notice that the government seeks to acquire a piece of land, the landowner sets off on a difficult...more
Condemnation proceedings frequently involve properties affected by environmental contamination in various stages of remediation. Originally published in New Jersey Law Journal - 2019....more
Two recent Appellate Division decisions have added significantly to the body of New Jersey eminent domain jurisprudence. Originally published in New Jersey Law Journal - 2019....more
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