News & Analysis as of

Municipalities Eminent Domain

Nossaman LLP

Water Agencies Beware Before Proceeding with Forced Municipalization

Nossaman LLP on

Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more

Nossaman LLP

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

Nossaman LLP on

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

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

Waterworks/Condemnation Proceedings: Arkansas Court of Appeals Addresses Applicable Statutory Authorities

The Arkansas Court of Appeals (“ACA”) addressed in a February 2nd Opinion an issue arising out of a municipality’s use of statutory condemnation authorities to construct a treated-water transmission line....more

Nossaman LLP

Amendments to Proposed Legislation Would Change Municipalization / Eminent Domain Takeovers of Electric, Gas and Water Utilities

Nossaman LLP on

We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...more

Nossaman LLP

Efforts at Reviving Redevelopment Continue

Nossaman LLP on

There is an ongoing global pandemic and the world is rightly focused on news related to COVID-19.  Given the circumstances, other news is slipping below the radar.  Something you may have missed is another effort to revive...more

Pierce Atwood LLP

Breaking: Mass. High Court Rules Municipality’s Acquisition of Prescriptive Easement Isn’t a Taking

Pierce Atwood LLP on

In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain...more

Allen Matkins

Sustainable Development and Land Use Update - February 2020

Allen Matkins on

‘All-electric’ movement picks up speed, catching some off guard - When Berkeley became the first city in the country to ban natural gas hookups in new construction last July, no one knew the effects would ripple out so...more

Harris Beach PLLC

Appeal Court: City’s Funding of Neighboring Property Restoration Did Not 'Condemn' Restaurant

Harris Beach PLLC on

In an August 2019 decision, the Fourth Department of the Appellate Division of the Supreme Court of the State of New York ruled that property owners cannot assert a lawsuit alleging inverse condemnation and other damages...more

Pierce Atwood LLP

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

Pierce Atwood LLP on

In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal...more

Pullman & Comley, LLC

Property Tax and Valuation Topics - Summer 2019

Pullman & Comley, LLC on

Approximately 20% of Connecticut’s 169 municipalities usually conduct general revaluations every five years as required by law. Due to a quirk in the schedule, 2019 revaluations will be conducted by only 14 communities. While...more

Farrell Fritz, P.C.

Faulty SEQRA Sinks Village’s Use of Eminent Domain

Farrell Fritz, P.C. on

Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena. See, Matter of Adirondachk Historical Association v Village of Lake Placid, 161 A.D.3d 1256 [3d Dept 2018]....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

Fox Rothschild LLP

PA Court Allows Adverse Possession Claim Against Municipality

Fox Rothschild LLP on

The PA Commonwealth Court recently held that a claim of adverse possession could be brought against a municipality when the municipality’s only use of the property during the statutory period was to hold the property for...more

Nossaman LLP

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

Nossaman LLP on

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

Troutman Pepper

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

Troutman Pepper on

While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

Clark Hill PLC

Loophole Allowing Adverse Possession Claims Against Municiplalities Closed

Clark Hill PLC on

New legislation has been enacted overruling the Waisanen v. Superior Township case that allowed adverse possession claims against municipal property owners. In this blog post, I described the decision in Waisanen v....more

Clark Hill PLC

New Municipal Condemnations

Clark Hill PLC on

For the last several years, municipalities have been slow to engage in new projects that require the use of eminent domain due to budgetary restrictions. However, with the upturn in the economy that is resulting in new...more

Nossaman LLP

Looming Right of Way Certification Deadline Threatens Butte County Project

Nossaman LLP on

Right of Way Certification is a key project milestone; not only does it mean a project is ready for advertising but obtaining certification by a certain date is often a prerequisite for funding. Tying certification to...more

Nossaman LLP

Update on Two Recent California Eminent Domain Cases

Nossaman LLP on

I wanted to provide a quick update on two recent cases from the California Court of Appeal. The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more

Cole Schotz

Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

Cole Schotz on

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight. ...more

Nossaman LLP

Lake Elsinore to use Eminent Domain to Expand Serenity Park

Nossaman LLP on

On Tuesday, the Lake Elsinore City Council adopted a Resolution of Necessity to acquire a 2+ acre property in order to expand Serenity Park. As Michael Williams describes in his article “City hopes to take over boat launch,”...more

Pullman & Comley, LLC

Property Valuation Topics: Winter 2015

Pullman & Comley, LLC on

Thorny Exemption Issue Discussed - Limited Liability Company X owns property in the Town of Windham which it leases to Corporation Y. Both entities are tax exempt under the Internal Revenue Code. Both entities...more

Nossaman LLP

Redevelopment Wind-Down: A Few Random Thoughts

Nossaman LLP on

I saw a couple of California redevelopment-related stories over the past week that seemed worthy of at least a brief comment. First, a court decision involving a rather bold argument by a public agency. ...more

Nossaman LLP

City of Sacramento Condemning for its Kings

Nossaman LLP on

The City of Sacramento took another step forward on the plan for a new multi-million dollar arena for the Sacramento Kings. Last Tuesday, in a 7-2 vote, the city council passed a resolution of necessity approving the use of...more

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide