News & Analysis as of

Property Owners Takings Clause Appellate Courts

Goulston & Storrs PC

Federal Court Pauses for State Decisions in Property Disputes

Goulston & Storrs PC on

29 Greenwood, LLC v. City of Newton, 128 F.4th 1 (1st Cir. 2025) In 29 Greenwood, the Newton Historical Commission (the “Commission”) issued a permit to 29 Greenwood, LLC (“Greenwood”) for restoration of the Gershom Hyde...more

Downey Brand LLP

Ideker, USACE’s New Guidance, and Figuring Out How to do an Induced Flooding Analysis

Downey Brand LLP on

On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more

Kaufman & Canoles

Court of Appeals of Virginia Affirms Petition to Relocate Two Easements Under Virginia Code § 55.1-304

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia issued a significant decision about a servient landowner’s right to relocate easements in accordance with Virginia Code § 55.1-304. ...more

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

Roetzel & Andress on

The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

Oliva Gibbs

A river ran through it: State v. Riemer and what happens to the mineral rights when the water runs dry

Oliva Gibbs on

Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more

Roetzel & Andress

Ohio Court Defines When Property Owner in Eminent Domain Case Can Pursue Appeal

Roetzel & Andress on

For the past several years, the hot topic in Ohio eminent domain law has been the ability of a property owner to challenge a taking based on whether it is necessary for a public purpose, or if the appropriating authority...more

Perkins Coie

Public Water Running Through a Privately-Owned Pipe is Not Sufficient to Impose Liability on a Public Entity

Perkins Coie on

The County of San Diego could not be held liable for damage caused by leakage from a privately-owned storm drain pipe on private property merely because water from public property drained through it. Ruiz v. County of San...more

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