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Property Owners › Regulatory Takings › Condemnation

Ackerman & Ackerman, P.C.

Condemnation of Property Left Without Value or Utility: Total Takings Under Remnant Property Statutes

Ackerman & Ackerman, P.C. on

A central issue going to both the valuation of damages and the extent of a taking in eminent domain cases is whether the government or utility is required to take an entire parcel, beyond just a portion that may be required...more

Nossaman LLP

Condemnation Actions Must Be Brought to Trial Within Five Years

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Procedures governing eminent domain actions differ in some respects from other areas of law.  Notably, all issues, except the sole issue of compensation, are adjudicated by the court....more

Nossaman LLP

What is the Difference Between Fee Simple, an Easement, Full Take, and Part Take?

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When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind.  However, often times,...more

Nossaman LLP

A Lesson on Water Runoff and Inverse Condemnation Liability

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With all the recent storms in California, private property is bound to suffer impacts from storm water runoff, landslides, erosion and subsidence. Understanding whether the government bears responsibility for such damage is a...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...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

2021 Eminent Domain Case Law Year in Review

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Throughout all of the ups and downs in 2021, there have been multiple developments on the eminent domain front, including the special occasion where the U.S. Supreme Court heard a takings case. Outside of case law, 2021 saw...more

Roetzel & Andress

What Are The 3 Types Of ‘Takings’ For Eminent Domain Cases In The US?

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About to enter eminent domain proceedings? Chances are your case falls into one of the three main ‘taking’ categories defined by your state’s constitution. 3 Basic ‘Takings’ Categories for Eminent Domain Cases in the...more

Nossaman LLP

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

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After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more

Nossaman LLP

California Supreme Court Determines That Legal Issues Motions Cannot Be Made in Inverse Condemnation Actions

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It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more

Nossaman LLP

Will California’s Sea-Level Rise Trigger Use of Eminent Domain?

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We’ve been tracking the impacts of sea-level rise in California, and previously reported on a potential recommendation by the California Coastal Commission to utilize eminent domain for “managed retreat” — buying or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

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The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Nossaman LLP

California Coastal Commission To Recommend Eminent Domain To Combat Sea-Level Rise?

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With the recent widespread reports of sea-level rise triggered by global warming, the California Coastal Commission — a state agency which regulates coastal development — plans to release a proposal in early-2019 which...more

Miller Starr Regalia

Court Rejects Regulatory Takings and Pre-Condemnation Misconduct Claims Based on Airport Land Use Commission’s Reclassification of...

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In Dryden Oaks, LLC v. San Diego County Regional Airport Authority, __ Cal.App.5th __ (October 19, 2017), the Fourth District Court of Appeal published a previously unpublished opinion addressing both regulatory takings and...more

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