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Damages Condemnation

Nossaman LLP

The 411 on Special Commissioners’ Hearings in Texas

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Every condemnation case in Texas must go through an administrative phase in which disinterested real property owners (who live in the county where the suit is filed) are appointed as Special Commissioners to assess the market...more

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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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

Roetzel & Andress

What Do I Need To Know About Eminent Domain Compensation?

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When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation. This process is ultimately what a...more

Nossaman LLP

Commercial Tenants Can Assign Right to Just Compensation

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In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more

Faegre Drinker Biddle & Reath LLP

Show Me the Money: Recoverable Damages in Indiana Eminent Domain Actions

Few things are more distressing than learning that your property is being taken by eminent domain . You undoubtedly will have many questions. What is the process by which my property is being taken? How long will the process...more

Faegre Drinker Biddle & Reath LLP

Valuation Issues: Recovering Inseparable Damages

Imagine this: A local municipality has decided to expand the road behind your property. The road expansion project has many components. The number of lanes will increase from two to four. There will be a new raised median in...more

Nossaman LLP

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

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Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Miller Starr Regalia

Property Reserve and Precondemnation Entries – The Epilogue

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As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more

Pullman & Comley, LLC

Property Tax and Valuation TOPICS: Fall 2016

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October 1, 2016 Revaluations: If/When/How to Challenge Your Real Estate Property Assessment - Connecticut municipalities are required to carry out a general revaluation of all real estate within their boundaries at least...more

Snell & Wilmer

California Supreme Court Upholds Precondemnation Procedures

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On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

Nossaman LLP

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

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For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Nossaman LLP

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

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During a windstorm, a tree owned by the City of Pasadena fell on Mr. O’Halloran’s residence, causing damage to his home. Mercury Casualty Company paid Mr. O’Halloran for the damage pursuant to his homeowner’s insurance...more

Nossaman LLP

A Cautionary Tale on Alleging Precondemnation Damages Versus a De Facto Taking

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Eminent domain cases typically revolve around a "date of value" – the date on which property is valued in determining the amount of just compensation the condemning agency must pay. That date is set by statute; typically, it...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 26, 2013

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I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ - Inverse Condemnation: landowner entitled to money damages from state for inverse condemnation resulting from newly enacted law restricting landowner’s use of equipment and...more

Nossaman LLP

Regulatory Takings: Monks v. Rancho Palos Verdes Revisited (Again)

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For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more

Miller Starr Regalia

California High-Speed Rail - What You Need To Know

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Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more

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