News & Analysis as of

Takings Clause Condominiums

Roetzel & Andress

U.S. Supreme Court Decides Important Regulatory Taking Case In Favor of Property Owners

Roetzel & Andress on

Property owners won a significant victory in the recent case of Pakdel v. San Francisco, in which the U.S. Supreme Court rejected a restrictive view of the “finality requirement,” which generally requires a government...more

Patton Sullivan Brodehl LLP

The Door Is Open For 5th Amendment Takings Lawsuits In Federal Court Under The Civil Rights Act

A damaged Property Owner no longer has to exhaust administrative remedies in State Court if they wish to pursue a takings claim under the Civil Rights Act. As a result, Property Owners injured by government regulatory takings...more

Nossaman LLP

There is Still No Private Right of Condemnation (Generally)

Nossaman LLP on

Most people understand the basic concept of eminent domain: the government takes someone’s private property and pays the owner “just compensation” for the taking. Sometimes, however, the government “takes” (or “damages”)...more

Snell & Wilmer

Governmental Power and Property Lines

Snell & Wilmer on

On May 27, 2014, the Colorado Supreme Court issued its opinion in Town of Dillon v. Yacht Club Condos. Home Owners Ass’n, 2014 CO 37. Overturning the rulings of both the trial court and the Colorado Court of Appeals, the...more

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