Property Owners, Fifth Amendment, Public Use

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

Roetzel & Andress on 8/7/2025

The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

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

Nossaman LLP on 11/17/2023

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

Proposed Landfill/Land Acquisition: New York Appellate Court Addresses Taking Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/30/2020

A New York Appellate Court (Fourth Department) (“Court”) addressed in a November 8th Order an action filed by a potential purchaser of a 50 acre parcel of property against the Town of Carroll, New York alleging a taking...more

Martin's Beach - The Public Taking that Almost Was, and Still May Be

Nossaman LLP on 12/4/2019

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Fall Season Results in California Coastal Commission Victories

Sheppard Mullin Richter & Hampton LLP on 11/15/2019

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

Holland & Knight LLP on 6/27/2017

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...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

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