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Just Compensation Takings Clause Property Owners

Jenner & Block

Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

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In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Latham & Watkins LLP

US Supreme Court Decision Invites Scrutiny of Legislatively Imposed Impact Fees

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The unanimous opinion holds that development impact fees established through the legislative process are subject to constitutional scrutiny as potential regulatory takings. The Takings Clause of the Fifth Amendment to the...more

Dorsey & Whitney LLP

The Supreme Court Update - April 17, 2024

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The Supreme Court of the United States issued two decisions on Tuesday, April 16: Rudisill v. McDonough, No. 22-888: This case concerns the interaction between two federal statutes providing up to 36 months of...more

Ballard Spahr LLP

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

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The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides DeVillier v. Texas

On April 16, 2024, the U.S. Supreme Court decided DeVillier v. Texas, No. 22-913, holding that owners of property north of U.S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas...more

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: In Property Takings Cases, Court Must Strike Careful Balancing Act Between Regulating Land Use,...

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part three covering administrative enforcement issues here.) In this edition, our litigation team examines two Fifth Amendment...more

Roetzel & Andress

Substitute Version of Bill in Ohio House That Could Dramatically Change Eminent Domain Law Recently Accepted by Committee

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Update - February 2024: We have been following the progress of House Bill (“HB”) 64 in Ohio’s 135th General Assembly (formerly HB 698 in the 134th General Assembly) (the “Bill”), which proposes numerous changes to Ohio’s...more

Nossaman LLP

Calculating Condemnation Interest Rates – California & Nevada

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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

Nossaman LLP

City Imposed Penalty of One-Year Building Moratorium Does Not Constitute a Taking

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Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth. Those moratoriums imposed across a large area usually do not...more

Nossaman LLP

When Does Downzoning Result in a Regulatory Taking?

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As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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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

Nossaman LLP

Post-Pakdel Ripeness: "Modest Requirement" Not Met By Incomplete Application

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A new decision out of the Northern District of California applying the “final action” standards of Pakdel v. City and County of San Francisco has come out – with the District Court concluding that even under Pakdel’s...more

Faegre Drinker Biddle & Reath LLP

A Roadmap to Illinois Eminent Domain Cases

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

Faegre Drinker Biddle & Reath LLP

What To Do When Facing a Government Taking: A Colorado Eminent Domain FAQ

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

Shutts & Bowen LLP

Amendments to Florida's Private Property Rights Protection Act (“Harris Act”) take effect on October 1, 2021

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The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...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

Federal Court Decides to Take a Back Seat to State Takings Case

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In Knick v. Township of Scott, 139 S.Ct. 2162 (2019), the Supreme Court reversed over three decades of precedent when it eliminated the requirement that a plaintiff exhaust state court remedies before pursuing a takings...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings

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Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we tackle the topic of regulatory takings, which is often tested in crossover essay questions that cover both Property and...more

McGuireWoods LLP

North Dakota Court: Similar Sales Admissible to Determine “Just Compensation” for Eminent Domain

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In WBI Energy Transmission, Inc. v. Easement and Right-of-Way Across, WBI Energy Transmission’s "Motion in Limine to Exclude Evidence or Testimony of Other Easement Transactions” was denied in a ruling filed April 1, 2021....more

Nossaman LLP

Another Appraisal Opinion Bites the Dust

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In California eminent domain cases, appraisers typically have relatively wide latitude in determining fair market value for the property to be acquired. However, there are certain rules they must follow, and when an appraiser...more

Nossaman LLP

“Futility Exception” Satisfies the Ripeness Requirement for Inverse Condemnation Claims

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In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials,...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

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Landfill/Land Acquisition: New York Appellate Court Addresses Taking Issue

A New York Appellate Court (Fourth Department) (“Court”) addressed in a November 8th Order an action filed by a potential purchaser of a 50 acre parcel of property against the Town of Carroll, New York alleging a taking...more

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