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®
Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. In...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
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
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
Public development and infrastructure projects are on the rise in California. This is a good thing for the economy. InfrastructureBut it also means that private property will often be needed to complete these projects. Public...more
If the government is seeking to take your property, it’s important to ensure you receive fair treatment and compensation. Read on for an outline of what to expect and tips to protect yourself during the condemnation process....more
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