News & Analysis as of

Just Compensation Private Property Condemnation

Ackerman & Ackerman, P.C.

When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation

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

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 5

First wrongful death lawsuit from COVID-19 filed against employer.   Despite Walmart taking extensive measures to protect "associates and customers, including additional cleaning measures, installing sneeze guards at...more

Greenbaum, Rowe, Smith & Davis LLP

Governor Murphy Signs Executive Order 113 Authorizing the Taking of Private Property to Combat the COVID-19 Crisis

On April 2, 2020, New Jersey Governor Phil Murphy issued Executive Order 113, which authorizes the New Jersey State Director of Emergency Management, in consultation with the Commissioner of the New Jersey Department of...more

Nossaman LLP

Court Holds Agency Appraiser Not Required to Identify Specific Damages When Outweighed by Project Benefits

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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

Faegre Drinker Biddle & Reath LLP

The Stages of an Eminent Domain or Condemnation Case in Minnesota

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

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

Snell & Wilmer

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

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When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the...more

Maynard Nexsen

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

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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

Maynard Nexsen

Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

Maynard Nexsen on

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more

Nossaman LLP

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

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For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Miller Starr Regalia

Impairment of Views From (or to) Private Property Does Not Constitute a Taking Requiring the Payment of Just Compensation

Miller Starr Regalia on

On April 26, 2016, in Boxer v. City of Beverly Hills (Case No.B258459), the Second District Court of Appeal roundly rejecting a takings lawsuit premised on alleged impairment of private views and speculative risk of fire...more

Nossaman LLP

Right of Entry Statutes Are Back in Business – For Now

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For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more

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