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Property Owners › Statutory Interpretation › Eminent Domain

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

California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

Nossaman LLP on

We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more

Snell & Wilmer

Tenth Circuit Revives Takings Claims for Public Use of Property Held Under the State’s Unclaimed Property Act

Snell & Wilmer on

In a decision that may reshape how states administer their unclaimed property statutes, the Tenth Circuit held that property owners can pursue takings claims against the Colorado State Treasurer (Treasurer) without exhausting...more

Nossaman LLP

[Webinar] Eminent Domain Case Law Update - March 7th, 11:00 am - 12:00 pm PT

Nossaman LLP on

Please join us on March 7, 2024 for a webinar recapping eminent domain and real property cases from the last year. Bernadette Duran-Brown and Steve Silva will provide a comprehensive overview and delve into key decisions from...more

Nossaman LLP

Agency Obligations May Not Be Circumvented Through Unique Statutory Interpretation

Nossaman LLP on

Sometimes a public agency ends up abandoning an eminent domain proceeding, even after the property owner or business has moved from the property. Under Code of Civil Procedure, section 1268.620, if a defendant “moves from...more

Nossaman LLP

Eminent Domain: Is it Possible to Recover Attorneys’ Fees if you Settle?

Nossaman LLP on

In California, we have an admittedly odd way of determining whether the property or business owner in an eminent domain case is entitled to recover attorneys’ fees. (Note that I’m specifically talking about an owner’s...more

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