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Fifth Amendment › State Constitutions

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

Roetzel & Andress on

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

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

J.S. Held on

The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Nossaman LLP

COVID-19 Takings Lawsuit Filed in California

Nossaman LLP on

As first reported by our good friends at inversecondemnation.com, a lawsuit has been filed in California alleging that the response by state and county agencies to the COVID-19 situation violates the state and federal...more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

(ACOEL) | American College of Environmental... on

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...more

BCLP

After Losing the Vote, Oil & Gas Opponents Try Litigation

BCLP on

Recently, Colorado voters rejected Proposition 112, which would have changed Colorado law to require 2,500-foot setbacks between new oil and gas development and homes or other (vaguely described) “vulnerable areas.” It has...more

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