News & Analysis as of

Property Owners Takings Clause Public Use

Patton Sullivan Brodehl LLP

Are “Common Law Dedications” of Private Property to the Public Extinct?

A “dedication” is an uncompensated transfer of an interest in private property to the public. Dedications can occur pursuant to statute or common law. Statutory dedications follow the path set forth in the Subdivision Map...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

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

Bricker Graydon LLP on

The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Roetzel & Andress

What Are My Constitutional Rights For Eminent Domain Appeals In Ohio?

Roetzel & Andress on

In the last five years, several new cases have come before Ohio’s Supreme Court related to eminent domain (ED) law, as well as the rulings, rights, and amendments surrounding Ohio’s ED process. It can be a complex issue...more

Perkins Coie

2020 Land Use and Development Case Summaries

Perkins Coie on

Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Perkins Coie

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

Perkins Coie on

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

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

Proposed Landfill/Land Acquisition: New York Appellate Court Addresses Taking Issue

A New York Appellate Court (Fourth Department) (“Court”) addressed in a November 8th Order an action filed by a potential purchaser of a 50 acre parcel of property against the Town of Carroll, New York alleging a taking...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

Nossaman LLP on

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Holland & Knight LLP

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

Holland & Knight LLP on

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more

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