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Property Owners › Eminent Domain › Public Use

Nossaman LLP

Condemning Land Already Put to a Public Use – More Necessary Public Use Doctrine

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Periodically, a new public project needs to acquire land that is already put to an existing public use. In order to condemn such land, the condemning entity must demonstrate that the proposed use is either a compatible use or...more

Faegre Drinker Biddle & Reath LLP

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

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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

Cranfill Sumner LLP

What Is Eminent Domain?

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What is Eminent Domain? If you’re seeking a definition of eminent domain, you’ve likely recently received unsettling news from a government body or other entity with the power to take your property. It’s natural to ask,...more

Ackerman & Ackerman, P.C.

How to Make “Just Compensation” More “Just” for Displaced Homeowners

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Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. In...more

Nossaman LLP

Condemning Replacement or Substitute Property to Mitigate Damages

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A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking.  As...more

Ackerman & Ackerman, P.C.

Transmission Lines and Eminent Domain: What Property Owners Need to Know

Ackerman & Ackerman, P.C. on

One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more

Nossaman LLP

Presentation at Right of Way Consultant’s Council Membership Meeting in Las Vegas

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The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023.  Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...more

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

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The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Roetzel & Andress

U.S. Supreme Court Effectively Expands Its Controversial 2005 Kelo Decision

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The U.S. Supreme Court often makes headlines with its decisions, but even in its inaction, the Court can have an impact on the law. Such was the case with Eychaner v. The City of Chicago, which the Court declined to hear last...more

Keating Muething & Klekamp PLL

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

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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

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

Roetzel & Andress

What Are My Constitutional Rights For Eminent Domain Appeals In Ohio?

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In the last five years, several new cases have come before Ohio’s Supreme Court related to eminent domain (ED) law, as well as the rulings, rights, and amendments surrounding Ohio’s ED process. It can be a complex issue...more

Perkins Coie

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

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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

Nossaman LLP

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

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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

Nossaman LLP

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

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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

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