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Takings Clause Appeals Condemnation

Nossaman LLP

Court Decision Serves as Important Reminder on Crafting Lease Condemnation Provisions

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When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding. As a result, many times the condemnation provision in the lease is given little...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Supreme Court: Improper Application of Project-Influence Rule Resulted in Harmful Error

The Texas Constitution provides that “[n]o person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made.” Tex. Const. art. I, § 17. The Texas Supreme Court has...more

Womble Bond Dickinson

N.C. Court of Appeals Dismisses Municipal Takings Claim For Failing "Public Benefit" Standard

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Today, the N.C. Court of Appeals affirmed the dismissal of a takings case filed by a local government. The case is Town of Matthews v. Wright, No. COA14-943 (April 21, 2015)....more

Miller Starr Regalia

Legal Update: Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014)

Miller Starr Regalia on

There are four ways the government can enter onto private property: - It has permission of the property owner. - In an emergency (Tenth Amendment/police power). - It has a search warrant, based on...more

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