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
Periodically, a new public project needs to acquire land that is already put to an existing public use. In order to condemn such land, the condemning entity must demonstrate that the proposed use is either a compatible use or...more
On 7 January 2025, an Inspector confirmed the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order (No.2) 2023 (the "CPO")....more
Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals. As part of that approval...more
Warehouse “buffer bill” advances in California legislature Bullet The Real Deal – June 2 A bill that proposes a 1,000-foot buffer zone between large warehouse developments and residential areas has advanced through one...more
Developers often have to satisfy various conditions of approval in order to achieve the necessary approvals to move forward with a project. Sometimes these conditions include requirements to acquire land for public...more
A declaratory order issued by the Federal Energy Regulatory Commission (the Commission) on January 30 in Docket No. RP20-41-000 grants pipeline developers greater certainty in planning and siting construction. The order was...more
In the second of our series on compulsory purchase, we turn to what you should do if your property is at risk of compulsory acquisition....more
Local governments have a broad array of tools in their arsenal when it comes to urban planning and land use regulation. For decades, courts have largely taken a backseat and afforded local governments substantial discretion...more
The decision’s ramifications are significant for both public condemnors and private landowners. The Texas Supreme Court held on Friday that the City of Rowlett’s condemnation of land owned by a private developer was a...more
On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more
Apartment Owner Loses Court Battle with Airbnb - A federal judge in Los Angeles recently dismissed a lawsuit by the owner of the 4,255-unit Park La Brea apartment complex against Airbnb Inc. that sought to hold the online...more
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy to plead a cause of action for CEQA violations in...more
"Celebrity" Value? In 2004, in the quaint Fenwick borough of Old Saybrook, a developer purchased the beachfront summer home of the late actress Katharine Hepburn. The discovery of a discontinued road, which ran over...more
Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more
According to an article in the Mercury News, Fremont may use eminent domain process to buy land needed for proposed downtown, the City of Fremont's City Council will be holding a public hearing on Tuesday to consider the...more
Earlier this month, the Supreme Judicial Court (SJC) issued its decision in Mahajan v. DEP, holding that the Boston Redevelopment Authority’s (BRA) proposed redevelopment of Long Wharf in Boston is not subject to Article 97...more
One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more