Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
PLI's Pursuing Justice: The Pro Bono Files - Pro Bono and Reparations: The Bruce’s Beach Story
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
Regulatory Takings and Executive Power to Seize Property
The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more
Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more
Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property? This one is pretty simple: the answer is no....more
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
In a decision that may reshape how states administer their unclaimed property statutes, the Tenth Circuit held that property owners can pursue takings claims against the Colorado State Treasurer (Treasurer) without exhausting...more
Protecting Your Rights in Eminent Domain Cases - At our firm, we’re committed to ensuring the government doesn’t overstep its authority. Understanding the limits of the government’s eminent domain powers can give you...more
The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more
The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more
Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more
A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more
When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more
Adding another chapter to the legal controversies that continue to rage over the siting of new gas pipelines, on September 10, 2019 the Third Circuit upheld the State of New Jersey’s sovereign immunity objection to the...more
In an August 2019 decision, the Fourth Department of the Appellate Division of the Supreme Court of the State of New York ruled that property owners cannot assert a lawsuit alleging inverse condemnation and other damages...more
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
Eminent domain cases in Virginia involve, often, a two-stage process by which to finally resolve the acquisition of private property for public use. At the end of trial, a condemnation jury (or commission) issues a report...more
As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more
Nestled in the center of the Florida Keys lies the City of Marathon; a tropical paradise splitting the Atlantic Ocean and Gulf of Mexico. Recently, Florida’s Third DCA hatched the case of Beyer v. City of Marathon. On...more
In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more
In June, the Colorado Supreme Court held oral argument in a case that is set to shape the way condemnation actions will be tried to commissions in the future. In Colorado, a landowner has the right to choose whether a jury or...more
In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys' fees and expert costs) when the public agency's final offer of compensation is unreasonable and the...more
An intermediate Texas appellate court has called for an extensive jury role in the ongoing issue of determining when a pipeline is a common carrier. Common carrier status is critical to the pipeline company’s ability to use...more