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Property Owners › Just Compensation › Constitutional Challenges

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...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

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Ballard Spahr LLP

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

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The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Gray Reed

North Dakota Supreme Court to Hear Case on Pore Space Rights

Gray Reed on

[Updated] The North Dakota Supreme Court will hear oral arguments on Thursday to consider who owns the right to the porous spaces within subsurface rock formations. The issue is over Senate Bill 2344, passed by the...more

Shutts & Bowen LLP

Amendments to Florida's Private Property Rights Protection Act (“Harris Act”) take effect on October 1, 2021

Shutts & Bowen LLP on

The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...more

Nossaman LLP

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

Nossaman LLP on

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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