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Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

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The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more

Ackerman & Ackerman, P.C.

The Fundamentals of Easement Valuation

Ackerman & Ackerman, P.C. on

* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar...more

Ackerman & Ackerman, P.C.

In cases involving partial takings of easements, just compensation must be based on the condemnor’s maximum possible use of the...

Ackerman & Ackerman, P.C. on

Our office routinely handles utility takings, which often involve partial takings of easements for transmission lines or pipelines. As governments attempt to improve the electrical grid to support the transportation of wind...more

Keating Muething & Klekamp PLL

Court Scrutinizes “Public Use” in Gas Utility Condemnation

Keating Muething & Klekamp PLL on

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

Patton Sullivan Brodehl LLP

Deed Language Defines the Scope of a Reserved Easement

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Under California law, a grant deed is generally understood to transfer the entire fee title interest in real property, unless it expressly states otherwise.  (See, e.g., Civil Code sections 1105 and 1113.) If the seller wants...more

McGlinchey Stafford

Does An “As-Is” Clause In My Contract Preclude A Claim For Breach Of An Express Warranty? - The Bullet Point: An Ohio Commercial...

McGlinchey Stafford on

Easement by estoppel- DeepRock Disposal Solutions, LLC v. Forté Prods., LLC, 4th Dist. Washington No. 20CA15, 2021-Ohio-1436- In this appeal, the Fourth Appellate District affirmed as modified the trial court’s...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

Porter Hedges LLP

Recent Victory For All Texas Landowners Facing Pipeline Condemnation

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Porter Hedges recently scored a significant victory for landowners Terrance and Kenneth Hlavinka and their families (“the Hlavinkas”) against HSC Pipeline Partners, a subsidiary of Enterprise Products Partners. On June 18,...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

Clark Hill PLC

My Compliments to DTE

Clark Hill PLC on

DTE acts quickly and reasonably to settle Milford bypass case. Since I previously wondered whether DTE was engaging in chicanery by providing a construction document that identified the proposed location of the easement...more

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