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Takings Clause Property Owners Inverse Condemnation

Roetzel & Andress

2022 Bill in Ohio House That Could Dramatically Change Eminent Domain Law Reintroduced in 2023

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Update: We previously published the alert below regarding House Bill (“HB”) 698 in the 134th Ohio General Assembly, which proposed numerous changes to Ohio’s eminent domain statutes that would be favorable to property owners,...more

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

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A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

Nossaman LLP

Buying Property Does Not Transfer a Takings Claim

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Despite undertaking due diligence, a buyer of real estate may miss pre-existing property damage or a public improvement that was installed without permission or right. Does the new buyer have a cause of action for a taking...more

Nossaman LLP

City Imposed Penalty of One-Year Building Moratorium Does Not Constitute a Taking

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Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth. Those moratoriums imposed across a large area usually do not...more

Nossaman LLP

An Inverse Condemnation Claim Arising From a Public Project’s General Construction Activities Requires a Unique, Peculiar, and...

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When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property,...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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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

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

Sea Level Rise Legislation – What’s On The Horizon?

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Sea level rise is a critical issue facing public agencies and property owners throughout the United States. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater...more

Nossaman LLP

“Futility Exception” Satisfies the Ripeness Requirement for Inverse Condemnation Claims

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In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials,...more

Nossaman LLP

Inverse Condemnation Claim Barred for Late Response to Taking of Leased Property, Despite the Claimant Not Receiving Formal Notice...

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Typically, when a public agency acquires property by eminent domain, it names all potentially interested parties in the condemnation action. This includes the property owner, any easement holders, lien holders and usually...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

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

Perkins Coie

Public Water Running Through a Privately-Owned Pipe is Not Sufficient to Impose Liability on a Public Entity

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The County of San Diego could not be held liable for damage caused by leakage from a privately-owned storm drain pipe on private property merely because water from public property drained through it. Ruiz v. County of San...more

Carlton Fields

Inverse Condemnation and Government Pandemic Response

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“No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”...more

Tonkon Torp LLP

Property Owners Win Big Battle In Supreme Court Decision On Regulatory Takings

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On June 21, 2019, the U.S. Supreme Court ruled in Knick v. Township of Scott, Pennsylvania, 139 S. Ct. 2162 (2019) (Knick), that private parties seeking to challenge a local government under the “Takings Clause” can now file...more

Society of Corporate Compliance and Ethics...

California utilities potentially liable for fires under "inverse condemnation" law

CEP Magazine (January 2020)  - US law holds that, when the government seizes or damages land and does not pay compensation as required under the Fifth Amendment, the landowner must sue in court for damages. It is known as...more

Nossaman LLP

Federal Bankruptcy Court Denies PG&E’s Attempt to Set Aside Inverse Condemnation Liability

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On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...more

Miller Starr Regalia

Unwinding The “Preclusion Trap”—Knick v. Township Of Scott Upends Thirty Years Of Federal Takings Precedent

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In June, the United States Supreme Court dismantled what many considered to be an untenable “preclusion trap” in Fifth Amendment takings law when it decided Knick v. Township of Scott, Pennsylvania. The key issue in Knick was...more

Best Best & Krieger LLP

High Court's Knick Ruling May Hinder Calif. Public Agencies

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In Justice Elena Kagan’s dissenting opinion in the U.S. Supreme Court takings case Knick v. Scott, she stated: “Today’s decision sends a flood of complex state-law issues to federal courts. It makes federal courts a principal...more

McNees Wallace & Nurick LLC

How The Recent U.S. Supreme Court Case Of Knick v. Township Of Scott Could Be Buying Everyone More Trips To The Federal Courthouse

Did you know the right to eminent domain goes as far back as the Magna Carta? Eminent domain is hardly new news, and as such recent game changing cases regarding the subject are few and far between.  The last major eminent...more

Roetzel & Andress

U.S. Supreme Court Decides Landmark Condemnation Case In Favor Of Property Owners

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For many years, a property owner seeking compensation from a state or local government for an uncompensated property taking was relegated to filing an action for inverse condemnation in state court. In Ohio, for example, that...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Takes Back Takings: Knick v. Township of Scott

The Supreme Court recently issued its long-awaited ruling in Knick v. Township of Scott, concluding that a plaintiff alleging that local governments have violated the Takings Clause under the Fifth Amendment may seek relief...more

Womble Bond Dickinson

U.S. Supreme Court Overturns State-Litigation Requirement For Takings Claims, Providing Landowners With A Direct Path To Federal...

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On Friday, June 22, 2019, in Knick v. Township of Scott, the U.S. Supreme Court overturned Williamson County Regional Planning Commission v. Hamilton Bank and, in the process, paved a direct path to federal court for...more

Burr & Forman

Supreme Court Opens Federal Courts to Takings Claims by Private Property Owners against State and Local Governments

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Every June, when the Supreme Court’s term comes to an end, a few high-profile cases generate an avalanche of media coverage. Typically, these cases involve the most contentious political issues of the day....more

Pierce Atwood LLP

Important U.S. Supreme Court Decision on Regulatory Takings

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The U.S. Supreme Court is finishing up its term, getting ready for its summer break, so its decisions are coming fast now. On June 21, 2019, the U.S. Supreme Court issued a surprising decision affecting regulatory takings,...more

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