Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
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Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
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Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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