5 Key Takeaways | Making Sense of §102 Public Use and On Sale Bars to Patentability
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
Newsflash: Rockweed Not a Fish
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
When a municipality acquires private property in an eminent domain case, it must first pay just compensation to the property owner. The municipality must file a complaint—a lawsuit—asking the appropriate court to enter a...more
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
Periodically, a new public project needs to acquire land that is already put to an existing public use. In order to condemn such land, the condemning entity must demonstrate that the proposed use is either a compatible use or...more
You received a notice of intent or an offer to acquire your property from the government or a private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and...more
What is Eminent Domain? If you’re seeking a definition of eminent domain, you’ve likely recently received unsettling news from a government body or other entity with the power to take your property. It’s natural to ask,...more
Ending four years of litigation in consolidated cases filed by the Nahant Preservation Trust, Inc. (“Nahant”) and Northeastern University (“Northeastern” or “the University”), the Massachusetts Appeals Court determined that...more
Although employers are welcome to support their employees’ ability to meet with their union representatives, they are not required to grant nonemployee union representatives access to their property to do so....more
Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly...more
In June 2023, the Rhode Island General Assembly enacted legislation granting the public expanded “privileges of the shore,” including but not limited to the right to fish from the shore, to swim in the sea and to pass along...more
Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. In...more
A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking. As...more
One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more
The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023. Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...more
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
The U.S. Supreme Court often makes headlines with its decisions, but even in its inaction, the Court can have an impact on the law. Such was the case with Eychaner v. The City of Chicago, which the Court declined to hear last...more
Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more
Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more
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
Property Owner’s Beach Access Case - The California Legislature gave sharper teeth to the Coastal Act in 2014 by authorizing the Coastal Commission to impose a staggering penalty against any person in violation of the...more
The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Trustees) in a recent decision by the Second Department....more
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
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
After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more
In the past, the Coastal Commission has taken a very negative view on any limitations of public beach access. In fact, one can say that the Commission has been downright aggressive in pursuing what it perceived to be...more