Property Owners, Condemnation, Public Use

What to Do When Facing a Government Taking: FAQs on Colorado Eminent Domain

Faegre Drinker Biddle & Reath LLP on 3/10/2025

You received a notice of intent or an offer to acquire your property from the government or a private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and...more

Eminent Domain Insight: Ohio Supreme Court Weighs in on Challenging the Necessity of a Public Use in a Utility Condemnation Action

Keating Muething & Klekamp PLL on 4/7/2022

Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more

Court Scrutinizes “Public Use” in Gas Utility Condemnation

Keating Muething & Klekamp PLL on 10/8/2021

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

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

Perkins Coie on 9/2/2020

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

Nossaman LLP on 8/4/2020

After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

Nossaman LLP on 8/30/2016

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more