News & Analysis as of

Regulatory Takings Property Valuation

Nossaman LLP

Condemnation Actions Must Be Brought to Trial Within Five Years

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Procedures governing eminent domain actions differ in some respects from other areas of law.  Notably, all issues, except the sole issue of compensation, are adjudicated by the court....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

2021 Eminent Domain Case Law Year in Review

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Throughout all of the ups and downs in 2021, there have been multiple developments on the eminent domain front, including the special occasion where the U.S. Supreme Court heard a takings case. Outside of case law, 2021 saw...more

Nossaman LLP

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

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After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more

Nossaman LLP

California Supreme Court Determines That Legal Issues Motions Cannot Be Made in Inverse Condemnation Actions

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It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more

Hogan Lovells

CPO compensation – how much will the landowner get?

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If someone’s land is compulsorily acquired to deliver a public benefit, it is accepted that they should receive fair compensation. But what that “fair compensation” equates to, is far from straight forward....more

Pierce Atwood LLP

No Right to Jury Trial for Regulatory Taking Claim: Pierce Atwood Partner Michelle O’Brien Successfully Argues Before...

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Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more

Nossaman LLP

Court Of Appeal Provides Timely Reminder Regarding A Contractor’s Use Of Property For Staging And Proper Calculation Of Damages...

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In a recent unpublished Court of Appeal decision, Downs v. City of Redding (October 30, 2018), the Court took up two distinct issues: (a) whether a contractor’s use of property for construction staging constitutes a taking...more

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