News & Analysis as of

Infrastructure Takings Clause

Downey Brand LLP

Ideker, USACE’s New Guidance, and Figuring Out How to do an Induced Flooding Analysis

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On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

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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

Winstead PC

Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier

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Tune in to the latest episode of "Come and Take It: The Eminent Domain Podcast." Host Bobby Debelak sits down with Winstead Shareholder Thomas J. Forestier, a leading infrastructure and eminent domain attorney with 37+ years...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

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In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Buchalter

U.S. Supreme Court Decision Impacts California Developers

Buchalter on

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz...more

Nossaman LLP

Right of Way 101

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This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more

Stark & Stark

Infrastructure Spending's Impact On Franchise Sites

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Over the next five years, the federal government expects to spend over a trillion dollars on a wide range of infrastructure projects, including road widenings, bridge repairs, and upgrading mass transit and the power grid (to...more

Nossaman LLP

Federal Bankruptcy Court Denies PG&E’s Attempt to Set Aside Inverse Condemnation Liability

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On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...more

Rosenberg Martin Greenberg LLP

Just Say No…To The Condemning Authority’s First Offer, That Is.

Public infrastructure projects are on the rise, from new transit systems to comprehensive highway renovations and everything in between.  Behind the scenes, some governmental body is fast at work acquiring private land along...more

Nossaman LLP

When Proposed Public and Private Projects Collide

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Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

Womble Bond Dickinson

Take My Home, Please: In Wake of Court Decision, N.C. General Assembly Seeks to Repeal "Map Act"

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The Map Act -- also known as Chapter 136, Article 2E of the General Statutes of North Carolina -- allows the N.C.D.O.T., local governments or other governing bodies to file with the local register of deeds an official...more

Nossaman LLP

Eminent Domain Begins for County of Sacramento Road Projects

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As traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more

Stoel Rives LLP

Full Steam Ahead for Eminent Domain Actions after High Speed Rail Authority Negotiations End in Impasse

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The State Public Works Board (the “Board”) adopted four Resolutions of Necessity approving the High-Speed Rail Authority’s (the “Authority”) use of eminent domain for public necessity to acquire four parcels in Fresno and...more

Nossaman LLP

City of Santee Set to Commence Eminent Domain Actions

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The City of Santee's Prospect Avenue Widening Project is moving forward, and because the City has not been able to secure all the necessary right of way voluntarily, the City is now poised to condemn the remaining interests...more

Nossaman LLP

California Eminent Domain Updates

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We haven't provided much in the way of updates recently on California infrastructure projects requiring eminent domain. Either we've been too busy to notice or it's been surprisingly quiet recently. But, some headlines did...more

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