News & Analysis as of

Utilities Sector Eminent Domain

Nossaman LLP

California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

Nossaman LLP on

We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more

Ackerman & Ackerman, P.C.

Acquisition Agents and the Good Faith Offer Requirement for Condemnation Projects

Condemning agencies contemplating the use of eminent domain at times hire third-party acquisition agents to purchase properties ahead of an incoming infrastructure project without the provision of written good faith offers....more

Ackerman & Ackerman, P.C.

Key Takeaways from ITC Easement Offers in Mid-Michigan Transmission Line Project

The International Transmission Line (“ITC”) and its subsidiary, the Michigan Electric Transmission Company, LLC (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range...more

Nossaman LLP

What Standard of Review Should Courts Apply for Utility Condemnations?

Nossaman LLP on

Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more

Ackerman & Ackerman, P.C.

Transmission Lines and Eminent Domain: What Property Owners Need to Know

One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more

Downey Brand LLP

Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain Action

Downey Brand LLP on

In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...more

Nossaman LLP

Water Utility Avoids Inverse Condemnation Liability

Nossaman LLP on

Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more

Holland & Knight LLP

FERC To Natural Gas Pipeline Industry: What about Environmental Justice?

Holland & Knight LLP on

The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more

Nossaman LLP

On-Demand Webinar | Eminent Domain in 2020: A Year in Review

Nossaman LLP on

While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward. On February 11, 2021, Nossaman's Eminent Domain &...more

Nossaman LLP

[Webinar] Eminent Domain in 2020: A Year in Review - February 11th, 11:00 am - 12:15 pm PT

Nossaman LLP on

While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward last year. Please join our Eminent Domain & Valuation...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2019 #2

Supreme Court Showdown Set Over Pipeline Crossing of Appalachian Trail - "Led by Dominion and Duke Energy, the company contends that 'long-standing precedent' allows pipelines to cross the 2,000-mile national scenic...more

Nossaman LLP

Unpublished Decision Looks at Valuation Methodologies

Nossaman LLP on

In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for...more

Nossaman LLP

[Event] Project Delivery and Encroachment: Clearing the Way - April 18th, - Sacramento, CA

Nossaman LLP on

Bender Rosenthal, Inc. and Nossaman LLP invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting agencies and utilities as well as a recap of the most important...more

Ward and Smith, P.A.

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

Ward and Smith, P.A. on

When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more

Nossaman LLP

When Condemnation Actions Go Wrong

Nossaman LLP on

In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a...more

Pillsbury Winthrop Shaw Pittman LLP

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

Nossaman LLP

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

Nossaman LLP on

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

Nossaman LLP

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

Nossaman LLP on

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

Jackson Walker

Denbury v. Texas Rice "Texas Rice II": The Texas Supreme Court Affirms Common Carrier Status

Jackson Walker on

On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited decision in Denbury Green Pipeline-Texas v. Texas Rice Land Partners (“Texas Rice II”), reversing the 9th Court of Appeals and reinstating the trial...more

Troutman Pepper Locke

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

Troutman Pepper Locke on

While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

Nossaman LLP

[Event] Nossaman's 2016 Eminent Domain Seminar - March 3rd, Costa Mesa, CA

Nossaman LLP on

Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...more

Nossaman LLP

Mello-Roos May Be Used to Fund Condemnation Action of Private Utility Provider

Nossaman LLP on

Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more

Nossaman LLP

Court Provides Guidelines on Valuing Natural Resources in Eminent Domain Proceedings

Nossaman LLP on

Valuing mineral rights in eminent domain proceedings is inherently speculative and can lead to wide swings in property valuations. So how do appraisers best deal with the uncertainty involved in mineral exploitation? The...more

Snell & Wilmer

Governmental Power and Property Lines

Snell & Wilmer on

On May 27, 2014, the Colorado Supreme Court issued its opinion in Town of Dillon v. Yacht Club Condos. Home Owners Ass’n, 2014 CO 37. Overturning the rulings of both the trial court and the Colorado Court of Appeals, the...more

27 Results
 / 
View per page
Page: of 2

"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