News & Analysis as of

Takings Clause Inverse Condemnation Appeals

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Perkins Coie

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

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Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

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When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...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

Nossaman LLP

Court Clarifies Rules for Takings, Precondemnation Damages Claims

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Two of the more complicated issues eminent domain attorneys face are analyzing whether government conduct rises to the level of a taking, and whether the government engaged in precondemnation conduct that gives rise to...more

Maynard Nexsen

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

Maynard Nexsen on

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

Nossaman LLP

Homeowners Cannot Recover for Blocked Views of Hollywood Sign

Nossaman LLP on

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more

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