News & Analysis as of

Property Owners Public Projects Inverse Condemnation

Nossaman LLP

Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability

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Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2023-June 30, 2023

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UNITED STATES UPDATES - Arkansas- City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)- Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: June 1, 2022-December 31, 2023

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UNITED STATES UPDATES - California - Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) - Facts: A property owner who owned a hotel in Los...more

Nossaman LLP

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

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Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more

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Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

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As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

Poyner Spruill LLP

When a Park in the Sky Leads to a Lawsuit - Three Strategies for Success in High-Stakes Litigation

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In 2002, New York City announced its support for preserving the High Line—turning an unused elevated railroad into a thriving park in the heart of Manhattan’s West Side. Fifteen years later, it is one of the City’s top...more

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