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Fifth Amendment › Mortgages › Just Compensation

Ackerman & Ackerman, P.C.

Unjust Compensation

Ackerman & Ackerman, P.C. on

This article examines whether increased mortgage interest costs and property tax assessments should be compensable under the Fifth Amendment's Just Compensation Clause. While courts have traditionally limited compensation in...more

DarrowEverett LLP

Not Theirs for the Taking: SCOTUS Rebuffs County’s Full Property Seizure

DarrowEverett LLP on

From Cicero’s De Officiis to the Magna Carta and the homesteaders of 1862 to the millennials of 2023, humankind has long recognized the importance of a place to call home. Codified in the Fifth Amendment (“…nor shall private...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

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Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

Nossaman LLP

Stanislaus County Moving Forward with Claribel Road Project

Nossaman LLP on

After two years of negotiating with residential property owners, the Stanislaus County Board of Supervisors approved acquisition of the property by eminent domain. The Modesto Bee reports that the board approved the...more

Nossaman LLP

Big Year For Published Eminent Domain Decisions

Nossaman LLP on

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

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