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Takings Clause › Resolution of Necessity

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City of Adelanto Halts Eminent Domain Efforts After Adopting Resolution of Necessity

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Eminent domain litigation can be expensive. Not just the cost of acquiring the property (which is valued based on its highest and best use, and the "highest price" a willing buyer would pay), but the attorneys' fees, expert...more

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Sometimes a Taking is not a "Taking"

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As an eminent domain lawyer, I sometimes feel about takings claims like Justice Potter Stewart felt about obscenity: I know it when I see it. But every so often, a case comes along that reminds us that we might need to dig...more

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When is a Resolution of Necessity Tainted By Prior Agency Obligations?

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One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

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When Adopting a Resolution of Necessity, Can Failing to Consider a Substitute Condemnation Constitute a Gross Abuse of Discretion?

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While most lawsuits typically start with the filing of a complaint, eminent domain cases really start one key step earlier, with the condemning agency’s adoption of a Resolution of Necessity. The Resolution establishes (i)...more

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