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Property Owners › Eminent Domain › Public Utility

Nossaman LLP

California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

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We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

Houston Harbaugh, P.C. on

In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more

Ackerman & Ackerman, P.C.

ITC Moves Forward with Mid-Michigan Transmission Line Project

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The Michigan Electric Transmission Company, LLC (“METC”), an International Transmission Company subsidiary, has filed two applications for certificates of public convenience and necessity for the construction of major...more

Nossaman LLP

Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public...

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In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However,...more

Nossaman LLP

Railway Fails to Establish Right to Use Eminent Domain

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In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more

Downey Brand LLP

Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain Action

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In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...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

Keating Muething & Klekamp PLL on

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

Nossaman LLP

Water Utility Avoids Inverse Condemnation Liability

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Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more

Nossaman LLP

On-Demand Webinar | Eminent Domain in 2020: A Year in Review

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While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward. On February 11, 2021, Nossaman's Eminent Domain &...more

Nossaman LLP

[Webinar] Eminent Domain in 2020: A Year in Review - February 11th, 11:00 am - 12:15 pm PT

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While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward last year. Please join our Eminent Domain & Valuation...more

Nossaman LLP

Amendments to Proposed Legislation Would Change Municipalization / Eminent Domain Takeovers of Electric, Gas and Water Utilities

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We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...more

Society of Corporate Compliance and Ethics...

California utilities potentially liable for fires under "inverse condemnation" law

Society of Corporate Compliance and Ethics... on

CEP Magazine (January 2020)  - US law holds that, when the government seizes or damages land and does not pay compensation as required under the Fifth Amendment, the landowner must sue in court for damages. It is known as...more

Pillsbury - Gravel2Gavel Construction & Real...

Illinois Supreme Court Reverses Circuit Court Finding Lack of Jurisdiction Over Public Utility Administrative Actions

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On October 18, the Illinois Supreme Court decided the case of Ameren Transmission Co. of Illinois v. Hutchings, et al. According to the Illinois Supreme Court, there is no presumption that Illinois courts have subject-matter...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

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