News & Analysis as of

Public Projects Eminent Domain Takings Clause

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

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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

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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

Stark & Stark

Infrastructure Spending's Impact On Franchise Sites

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Over the next five years, the federal government expects to spend over a trillion dollars on a wide range of infrastructure projects, including road widenings, bridge repairs, and upgrading mass transit and the power grid (to...more

Nossaman LLP

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

Rosenberg Martin Greenberg LLP

Just Say No…To The Condemning Authority’s First Offer, That Is.

Public infrastructure projects are on the rise, from new transit systems to comprehensive highway renovations and everything in between.  Behind the scenes, some governmental body is fast at work acquiring private land along...more

Nossaman LLP

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

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As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

Nossaman LLP

When Proposed Public and Private Projects Collide

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Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

Nossaman LLP

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

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When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

Nossaman LLP

What Happens When the United States Condemns a Street, Road or Public Highway?

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Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

Nossaman LLP

Eminent Domain Begins for County of Sacramento Road Projects

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As traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more

Nossaman LLP

Public Projects and Business Losses – Who Gets What and When?

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Most of us have been inconvenienced by road construction or other public works. Streets can be more congested, exits closed, and traffic re-routed, making it more difficult to get to the restaurants, yogurt shops, book...more

Stoel Rives LLP

Full Steam Ahead for Eminent Domain Actions after High Speed Rail Authority Negotiations End in Impasse

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The State Public Works Board (the “Board”) adopted four Resolutions of Necessity approving the High-Speed Rail Authority’s (the “Authority”) use of eminent domain for public necessity to acquire four parcels in Fresno and...more

Best Best & Krieger LLP

Condemnation of Property in California Can Get Messy: BB&K Attorney James Wyman Details Ways Public Agencies Can Ensure a Clean...

Condemning property for public projects in California is a hard reality for both government officials and the owners of property that is in the path of a new road, freeway expansion or mass transit project. There is often...more

Nossaman LLP

California Eminent Domain Updates

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We haven't provided much in the way of updates recently on California infrastructure projects requiring eminent domain. Either we've been too busy to notice or it's been surprisingly quiet recently. But, some headlines did...more

Nossaman LLP

Defining the Rules for Admissibility for Speculative Future Damages

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Earlier this year in City of Livermore v. Baca, the California Court of Appeal held that as long as an expert can identify damages arising from a taking or public project, those damages likely will not qualify as speculative,...more

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