In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more
5/2/2025
/ Appeals ,
Commercial Property Owners ,
Department of Transportation (DOT) ,
Eminent Domain ,
Just Compensation ,
Land Owners ,
Land Parcels ,
PA Supreme Court ,
Pennsylvania ,
Property Owners ,
Property Valuation ,
State and Local Government ,
Transportation Industry
In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more
2/3/2025
/ Appellate Courts ,
Arizona ,
AZ Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Damages ,
Easements ,
Eminent Domain ,
Just Compensation ,
Property Owners ,
Real Estate Development ,
Real Estate Transactions ,
State and Local Government
The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more
4/17/2024
/ Building Permits ,
Constitutional Challenges ,
Exactions ,
Fees ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Just Compensation ,
Land Developers ,
Land-Use Permits ,
Property Improvements ,
Property Owners ,
Reversal ,
SCOTUS ,
Takings Clause ,
Unconstitutional Condition
The Infrastructure Investment and Jobs Act (IIJA)—signed into law in 2021—authorizes $1.2 trillion in spending for public works projects, such as highway widenings. Millions of acres of private property will likely be needed...more
Summary -
In Tyler v. Hennepin County, the U.S. Supreme Court unanimously held that a county’s retention of the excess value of a home in a tax sale violated the Takings Clause of the Fifth Amendment. The decision, which...more
The Township of Canton, Michigan, like many local governments, requires property owners who remove trees of a certain size to either replace those trees or pay into a fund for the planting of new trees. The Sixth Circuit...more