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Takings Clause Condemnation Property Owners

Saul Ewing LLP

U.S. Supreme Court Decides Two Takings Cases in One Week

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It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions...more

Nossaman LLP

Right of Way 101

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This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more

Nossaman LLP

Calculating Condemnation Interest Rates – California & Nevada

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The payment of “just compensation” for the taking of private property includes more than merely writing a check to the property owner after a jury determines the current fair market value of the taking. A property owner is...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

Faegre Drinker Biddle & Reath LLP

A Roadmap to Illinois Eminent Domain Cases

For property owners, the process of eminent domain — the legal proceeding through which the government can acquire private property for a public purpose — can be a long and intimidating journey. Once an owner becomes aware...more

Faegre Drinker Biddle & Reath LLP

What To Do When Facing a Government Taking: A Colorado Eminent Domain FAQ

You received a Notice of Intent from the government or private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and tips on how to protect your rights during...more

Roetzel & Andress

What Are The 3 Types Of ‘Takings’ For Eminent Domain Cases In The US?

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About to enter eminent domain proceedings? Chances are your case falls into one of the three main ‘taking’ categories defined by your state’s constitution. 3 Basic ‘Takings’ Categories for Eminent Domain Cases in the...more

Nossaman LLP

Can a Public Agency Condemn Property to Prevent a Proposed Private Use?

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In the City of Fresno, the Tower Theatre is a bohemian landmark, opened in 1929 as a 20th Century Fox Movie House. This year, it became public that Adventure Church was buying the theatre, which has caused tensions to rise in...more

Nossaman LLP

County's Forever Green Condition on Private Development Not a Taking

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While there is a healthy debate over just how much the sea level will rise over the next 50 years, there is at least a general consensus that the sea level will rise. What this means for those on the coast depends on the...more

Perkins Coie

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

Perkins Coie on

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

Roetzel & Andress

After Knick, A Property Owner Can Remove An Eminent Domain Case To Federal Court, Right? Not So Fast!

Roetzel & Andress on

On June 21, 2019, the U.S. Supreme Court decided the landmark case of Knick v. Twp. of Scott, Pennsylvania, 139 S.Ct. 2162 (2019), holding that a property owner can bring an action in federal court under 42 U.S.C. § 1983 to...more

Faegre Drinker Biddle & Reath LLP

Constitutional Rights and Condemnation Proceedings

The United States Constitution and your state’s constitution play an important role in protecting your rights when the government wants to take your property. The Fifth Amendment of the U.S. Constitution prevents the federal...more

Faegre Drinker Biddle & Reath LLP

When Condemnation Precedes Compensation: Understanding the ‘Quick Take’

Most property owners understand that if the government wants to take their property in an eminent domain proceeding, it is constitutionally required to provide just compensation. But most property owners are surprised to...more

K&L Gates LLP

New Jersey Eminent Doman After Grassboro v. Grossman and CRDA v. Birnbaum

K&L Gates LLP on

Two recent Appellate Division decisions have added significantly to the body of New Jersey eminent domain jurisprudence. Originally published in New Jersey Law Journal - 2019....more

Fox Rothschild LLP

Pimlico: Baltimore Using Eminent Domain To Take The Racetrack

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Attorneys for the Pimlico Race Course owners say the city of Baltimore is trying to gain control of the racetrack and the signature Preakness Stakes race through eminent domain. The Stronach Group attorneys sent a letter...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 3: Issues to Consider When Negotiating a Condemnation Clause in a Lease

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 2: Is the Condemnation Clause in Your Lease Going to Cost You?

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

Faegre Drinker Biddle & Reath LLP

Property Rights Primer, Part 1: What Are a Tenant’s Rights When the Government Condemns Leased Property?

Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But...more

McGuireWoods LLP

Third Circuit Confirms Right to Immediate Possession in Federal Condemnation Actions

McGuireWoods LLP on

On Oct. 30, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion confirming what other federal courts already have made reasonably clear — that natural gas transmission companies operating under the...more

Miller Starr Regalia

Court Rejects Residents’ Takings Lawsuits for Failure to Exhaust Administrative Remedies

Miller Starr Regalia on

The City of Rancho Palos Verdes is the site of the ancient Portuguese Bend and Abalone Cove landslides, both of which remain active. In 1978, in response to movement of the Abalone Cove landslide, the City adopted an...more

Faegre Drinker Biddle & Reath LLP

Duty-Bound: Understanding the Government’s Duty to Negotiate Before Taking Property Through Eminent Domain

Governments and other condemning authorities need private property all the time to build projects such as roads, light rail transit systems, parks, electric lines, pipelines, waterworks facilities, hospitals, prisons and so...more

Faegre Drinker Biddle & Reath LLP

Show Me the Money: Recoverable Damages in Indiana Eminent Domain Actions

Few things are more distressing than learning that your property is being taken by eminent domain . You undoubtedly will have many questions. What is the process by which my property is being taken? How long will the process...more

Faegre Drinker Biddle & Reath LLP

Five Questions to Ask Before Hiring an Appraiser for a Condemnation Case

A highly skilled appraiser can be a champion for a landowner whose property is being taken by a government entity. A credible, well-supported appraisal report can help you reach a favorable settlement with the government on...more

Fox Rothschild LLP

NJ Court Rejects Argument That Condemnor Drove Down Property’s Value

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A New Jersey appellate Court on Monday upheld a $4.4 million valuation of a parking lot condemned by the city of Hoboken. In Ponte Equities Inc. et al. v. City of Hoboken, the property owners sought additional damages...more

Ward and Smith, P.A.

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

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When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more

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