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Takings Clause Appellate Courts

Goodwin

Portions of New York’s FAPA Survive Constitutional Challenges

Goodwin on

Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more

Roetzel & Andress

Ohio Court Defines When Property Owner in Eminent Domain Case Can Pursue Appeal

Roetzel & Andress on

For the past several years, the hot topic in Ohio eminent domain law has been the ability of a property owner to challenge a taking based on whether it is necessary for a public purpose, or if the appropriating authority...more

Perkins Coie

Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

Perkins Coie on

An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of...more

Perkins Coie

Public Water Running Through a Privately-Owned Pipe is Not Sufficient to Impose Liability on a Public Entity

Perkins Coie on

The County of San Diego could not be held liable for damage caused by leakage from a privately-owned storm drain pipe on private property merely because water from public property drained through it. Ruiz v. County of San...more

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