News & Analysis as of

Property Valuation Fifth Amendment

Ackerman & Ackerman, P.C.

Unjust Compensation

This article examines whether increased mortgage interest costs and property tax assessments should be compensable under the Fifth Amendment's Just Compensation Clause. While courts have traditionally limited compensation in...more

Pierce Atwood LLP

No Right to Jury Trial for Regulatory Taking Claim: Pierce Atwood Partner Michelle O’Brien Successfully Argues Before...

Pierce Atwood LLP on

Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more

Nossaman LLP

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

Nossaman LLP on

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Pullman & Comley, LLC

Appellate Notes: Week of March 18, 2013

Pullman & Comley, LLC on

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

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