Property Owners, Municipalities, Eminent Domain

What is “Immediate Possession” Under Arizona’s Eminent Domain Statutes?

Nossaman LLP on 8/18/2025

When a municipality acquires private property in an eminent domain case, it must first pay just compensation to the property owner. The municipality must file a complaint—a lawsuit—asking the appropriate court to enter a...more

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

Nossaman LLP on 7/23/2025

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

Navigating the Jury Trial in an Eminent Domain Case

Cranfill Sumner LLP on 3/11/2025

Navigating a jury trial in an eminent domain case can feel like a high-stakes gamble. The unpredictability and inherent risks make it a daunting process for both litigants and their counsel. That is why it is important to...more

Water Agencies Beware Before Proceeding with Forced Municipalization

Nossaman LLP on 6/6/2024

Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more

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

Nossaman LLP on 4/10/2020

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

Appeal Court: City’s Funding of Neighboring Property Restoration Did Not 'Condemn' Restaurant

Harris Beach Murtha PLLC on 10/3/2019

In an August 2019 decision, the Fourth Department of the Appellate Division of the Supreme Court of the State of New York ruled that property owners cannot assert a lawsuit alleging inverse condemnation and other damages...more

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

Nossaman LLP on 8/17/2017

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

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