News & Analysis as of

Public Use Constitutional Challenges

Cranfill Sumner LLP

What Is Eminent Domain?

Cranfill Sumner LLP on

What is Eminent Domain? If you’re seeking a definition of eminent domain, you’ve likely recently received unsettling news from a government body or other entity with the power to take your property. It’s natural to ask,...more

Hinckley Allen

Rhode Island Shoreline Property Case Could Have Wider Impact

Hinckley Allen on

Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly...more

Spilman Thomas & Battle, PLLC

SCOTUS, First Amendment and University of Alabama

Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more

Troutman Pepper Locke

Attorney General’s Office May Weigh In on Constitutionality of IPRs involving Pre-AIA Patents

Troutman Pepper Locke on

The 2011 America Invents Act (AIA) provided a variety of new ways to administratively challenge patents, including the now widely used inter partes review (“IPR”) procedure. In two recent appeals of IPR decisions, Genentech...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Pillsbury Winthrop Shaw Pittman LLP

Securing Rights-of-Way to CO2 Pipeline Corridors in the United States

In the previous article in this series The Future of Carbon Dioxide Injection EOR in the United States, we discussed the sources and cost of CO2 supply for enhanced oil recovery (“EOR”) in the United States and the benefits...more

Nossaman LLP

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

Nossaman LLP on

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

Nossaman LLP

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

Nossaman LLP on

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

8 Results
 / 
View per page
Page: of 1

"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