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Property Owners › Condemnation › Easements

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

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The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Nossaman LLP

What is the Difference Between Fee Simple, an Easement, Full Take, and Part Take?

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When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind.  However, often times,...more

Amundsen Davis LLC

Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

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On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,...more

Keating Muething & Klekamp PLL

Court Scrutinizes “Public Use” in Gas Utility Condemnation

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Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more

Gray Reed

Lignite Lease Prevails Over Pipeline Easement

Gray Reed on

San Miguel Electric Coop is a Texas nonprofit electric cooperative that owns and operates a power plant that supplies electricity to 38 Texas counties. After a four-week absence, they return to these pages, this time in DCP...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

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The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Ward and Smith, P.A.

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

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When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more

Clark Hill PLC

ITC’s Expanded Coldwater Project Implicates Special Just Compensation Issues for Farmers

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ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers. This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural...more

Fox Rothschild LLP

Obtaining Penndot Right Of Way As A Condition To Obtain Your Hop

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If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need to improve...more

Fox Rothschild LLP

NJ Court: State Can Condemn Easements For Beach Repair

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The New Jersey Appellate Division has held that the government can condemn easements for beach projects. In that case, the DEP sought voluntary easements from the landowners as part of a dune-and-berm system spanning the...more

Clark Hill PLC

Wolverine Pipeline Capitulates in Response to Necessity Challenge

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In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Clark Hill PLC

It Is Not Just About the Money

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Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more

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