News & Analysis as of

Takings Clause Roads

Stark & Stark

Infrastructure Spending's Impact On Franchise Sites

Stark & Stark on

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

Miller Starr Regalia

County’s Initiative-Enacted General Plan Traffic Mitigation Policies Are Unconstitutional Exactions

Miller Starr Regalia on

On May 4, 2021, in Alliance for Responsible Planning v. Taylor (County of El Dorado), __ Cal.App.5th __ (2021) (Case No. C085712), the Third District Court of Appeal affirmed a trial court decision invalidating as a violation...more

Faegre Drinker Biddle & Reath LLP

Unraveling the Property Right of Access to Roadways

For owners, “access” to abutting or surrounding roadways is essential to their property. Without it a piece of property is “landlocked” and thus has little, if any, economic utility. Private property owners want good access...more

Nossaman LLP

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

Nossaman LLP on

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

Miller Starr Regalia

“No Build” Condition On Shopping Center Property Is Compensable Regulatory Taking

Miller Starr Regalia on

The Court of Appeal has squarely held that a prohibition on development of a portion of a shopping center project site, in order to “bank” that property for possible future acquisition, was a temporary taking. (Jefferson...more

Nossaman LLP

District Court Rules Grizzly Bears Trump Montana's Plan to Log Forest Lands to Fund Schools

Nossaman LLP on

On August 21, 2014, the United States District Court for the District of Montana remanded the Montana Department of Natural Resources and Conservation Forested State Trust Lands Habitat Conservation Plan (HCP) and suspended...more

Nossaman LLP

City of Santee Set to Commence Eminent Domain Actions

Nossaman LLP on

The City of Santee's Prospect Avenue Widening Project is moving forward, and because the City has not been able to secure all the necessary right of way voluntarily, the City is now poised to condemn the remaining interests...more

Nossaman LLP

El Dorado County is Ready to Condemn

Nossaman LLP on

In order to construct the Silva Valley Interchange on Highway 50, the El Dorado County Board of Supervisors passed a Resolution on January 4, 2013 to acquire approximately 12 acres by eminent domain. As reported by In El...more

8 Results
 / 
View per page
Page: of 1

"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