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®
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more
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
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
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
Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more
Eminent domain cases typically revolve around a "date of value" – the date on which property is valued in determining the amount of just compensation the condemning agency must pay. That date is set by statute; typically, it...more
For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more
Below are some updates on California projects have turned to eminent domain to complete right-of-way acquisition. They involve issues that are somewhat typical in condemnation proceedings: disputes over severance damages and...more