News & Analysis as of August 15, 2025

Mortgages › Just Compensation

+ Follow

The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Unjust Compensation

Ackerman & Ackerman, P.C. on 5/30/2025

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

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

DarrowEverett LLP on 6/8/2023

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

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

Carlton Fields on 6/27/2017

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

Stanislaus County Moving Forward with Claribel Road Project

Nossaman LLP on 5/24/2013

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

Big Year For Published Eminent Domain Decisions

Nossaman LLP on 1/15/2013

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

5 Results

View per page