News & Analysis as of

Inverse Condemnation Just Compensation Eminent Domain

Cranfill Sumner LLP

Understanding Attorney’s Fees and Costs Reimbursement in North Carolina Land Condemnation Cases

Cranfill Sumner LLP on

It is one of the most common assumptions made by clients in litigation: “If I win, the other side will have to pay my attorney’s fees, right?” Unfortunately, that assumption is often wrong—especially in North Carolina. The...more

Nossaman LLP

City Imposed Penalty of One-Year Building Moratorium Does Not Constitute a Taking

Nossaman LLP on

Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth. Those moratoriums imposed across a large area usually do not...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

Nossaman LLP on

Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

Nossaman LLP on

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

Nossaman LLP

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

Nossaman LLP on

We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

Nossaman LLP

Property Owners Cannot Remove State Court Eminent Domain Actions to Federal Court

Nossaman LLP on

Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more

Nossaman LLP

Crafting Settlement Agreements in Eminent Domain

Nossaman LLP on

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

Miller Starr Regalia

Caltrans’ Acceptance of Offer of Dedication by Physical Occupation Does Not Lead to Takings Liability

Miller Starr Regalia on

Takings cases involving transportation agencies such as Caltrans typically involve physical occupations of land under the law of eminent domain. In a twist on such physical occupation, in a case originally filed on December...more

Nossaman LLP

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

Nossaman LLP on

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

Nossaman LLP

Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

Nossaman LLP on

Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

Nossaman LLP

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

Nossaman LLP on

When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

Nossaman LLP

Two Decisions out of San Diego Remind Us to Follow the Rules

Nossaman LLP on

We don’t often see multiple takings-related cases in one week, but last week we saw three. The California Supreme Court’s decision in Property Reserve was obviously the most important, but the Fourth Appellate District Court...more

Nossaman LLP

Homeowners Cannot Recover for Blocked Views of Hollywood Sign

Nossaman LLP on

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide