News & Analysis as of

Takings Clause Highways

Stark & Stark

Infrastructure Spending's Impact On Franchise Sites

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Over the next five years, the federal government expects to spend over a trillion dollars on a wide range of infrastructure projects, including road widenings, bridge repairs, and upgrading mass transit and the power grid (to...more

Perkins Coie

Public Agency Could Validly Accept Dedication After Twenty Years By Physically Occupying the Property

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Twenty years was a reasonable period of time for a public agency to accept a right-of-way dedication offer by physically occupying the property. Prout v. Department of Transportation, 31 Cal. App. 5th 200 (2019). Prout...more

Nossaman LLP

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

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As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

Moore & Van Allen PLLC

Defeated North Carolina Class Action Ultimately Results in Victory for Landowners – NCDOT Loses Map Act Fight

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What began several years ago as a defeated attempt at a class action against the North Carolina Department of Transportation (NCDOT) ultimately resulted in a win this month for plaintiff landowners in Kirby v. NCDOT (No....more

Nossaman LLP

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

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For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

Nossaman LLP

What Happens When the United States Condemns a Street, Road or Public Highway?

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Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

Nossaman LLP

Eminent Domain Begins for County of Sacramento Road Projects

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As traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more

Nossaman LLP

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

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The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

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