News & Analysis as of

Takings Clause Eminent Domain Condemnation

Tucker Arensberg, P.C.

Supreme Court of Pennsylvania Rules in Favor of Landowners in Eminent Domain Claim

On August 20, 2024, the Supreme Court of Pennsylvania issued a ruling in Wolfe v. Reading Blue Mountain & Northern RR Co. The Court overturned the Commonwealth Court’s determination that a condemnation of private land by a...more

Nossaman LLP

Right of Way 101

Nossaman LLP on

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

Nossaman LLP on

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

Nossaman LLP on

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

Nossaman LLP

Ch-Ch-Changes in the Law: Eminent Domain and Infrastructure Update

Nossaman LLP on

Earlier this month, we gave a presentation during the International Right of Way Association’s 68th Annual Education Conference in Cleveland, Ohio. In keeping with the “rock and roll” theme, our session, “Ch-Ch-Changes in 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?

Roetzel & Andress on

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

Ballard Spahr LLP

Supreme Court Rules that Private Parties May Condemn State-Owned Property

Ballard Spahr LLP on

On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more

Nossaman LLP

SCOTUS’ Take On Takings

Nossaman LLP on

The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more

Nossaman LLP

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

Nossaman LLP on

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

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

Nossaman LLP

Court Decision Serves as Important Reminder on Crafting Lease Condemnation Provisions

Nossaman LLP on

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

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

Faegre Drinker Biddle & Reath LLP

The Stages of an Eminent Domain or Condemnation Case in Minnesota

For landowners, learning that the government intends to take their property is always a rude awakening. After receiving notice that the government seeks to acquire a piece of land, the landowner sets off on a difficult...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

Fox Rothschild LLP on

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

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

60 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide