News & Analysis as of

Land Developers Eminent Domain

Jones Day

Elephant and Castle Town Centre Redevelopment: Compulsory Purchase Order Confirmed

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On 7 January 2025, an Inspector confirmed the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order (No.2) 2023 (the "CPO")....more

Nossaman LLP

Eminent Domain for Off-Site Public Improvements Associated with Private Development

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Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022

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Warehouse “buffer bill” advances in California legislature Bullet The Real Deal – June 2 A bill that proposes a 1,000-foot buffer zone between large warehouse developments and residential areas has advanced through one...more

Nossaman LLP

Eminent Domain Helps Satisfy Conditions of Approval

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Developers often have to satisfy various conditions of approval in order to achieve the necessary approvals to move forward with a project. Sometimes these conditions include requirements to acquire land for public...more

Morgan Lewis

FERC Order Authorizing Pipeline Developers to Seize State-Owned Land

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A declaratory order issued by the Federal Energy Regulatory Commission (the Commission) on January 30 in Docket No. RP20-41-000 grants pipeline developers greater certainty in planning and siting construction. The order was...more

Hogan Lovells

Reacting to a CPO – what do you need to do?

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In the second of our series on compulsory purchase, we turn to what you should do if your property is at risk of compulsory acquisition....more

Faegre Drinker Biddle & Reath LLP

Recent Federal Court Decisions Open the Door for Developer Takings Challenges to Local Land Use Decisions

Local governments have a broad array of tools in their arsenal when it comes to urban planning and land use regulation. For decades, courts have largely taken a backseat and afforded local governments substantial discretion...more

Husch Blackwell LLP

Texas Supreme Court Defers To Government Declaration Of Public Use, At Least For Now

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The decision’s ramifications are significant for both public condemnors and private landowners. The Texas Supreme Court held on Friday that the City of Rowlett’s condemnation of land owned by a private developer was a...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Holland & Knight LLP

West Coast Real Estate Update - January 2018

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Apartment Owner Loses Court Battle with Airbnb - A federal judge in Los Angeles recently dismissed a lawsuit by the owner of the 4,255-unit Park La Brea apartment complex against Airbnb Inc. that sought to hold the online...more

Nossaman LLP

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

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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

Miller Starr Regalia

When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of...

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CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy to plead a cause of action for CEQA violations in...more

Pullman & Comley, LLC

Property Tax and Valuation Topics: Fall 2015

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"Celebrity" Value? In 2004, in the quaint Fenwick borough of Old Saybrook, a developer purchased the beachfront summer home of the late actress Katharine Hepburn. The discovery of a discontinued road, which ran over...more

Snell & Wilmer

Recent Developments in Arizona Construction Law

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Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more

Nossaman LLP

City of Fremont to Hold Hearing on Resolution of Necessity for Potential Eminent Domain

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According to an article in the Mercury News, Fremont may use eminent domain process to buy land needed for proposed downtown, the City of Fremont's City Council will be holding a public hearing on Tuesday to consider the...more

Foley Hoag LLP - Environmental Law

When is a Park not a Park? The SJC Declines to Give Broad Interpretation to Article 97

Earlier this month, the Supreme Judicial Court (SJC) issued its decision in Mahajan v. DEP, holding that the Boston Redevelopment Authority’s (BRA) proposed redevelopment of Long Wharf in Boston is not subject to Article 97...more

Nossaman LLP

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

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One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

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