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Real Estate Development Eminent Domain

Nossaman LLP

Will California’s CEQA Reform Impact Condemnation? 

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Acquiring property for public projects typically does not occur until after the project has received environmental approval.  In California, complying with the California Environmental Quality Act (CEQA) can sometimes take...more

Cranfill Sumner LLP

Eminent Domain Compensation: How Much Is Your Property Worth?

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How Property Owners Can Maximize Their Recovery When the government exercises its power of eminent domain – the right to take private property for public use – it must pay the property owner just compensation. But what does...more

Nossaman LLP

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

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Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property?  This one is pretty simple:  the answer is no....more

Nossaman LLP

AB 1033 – Should Eminent Domain Law’s $5,000 Appraisal Reimbursement be Increased?

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In California, the primary governing structure for condemnation suits is set forth within Title 7 of the California Code of Civil Procedure (CCP 1230.010, et. seq.), otherwise known as the Eminent Domain Act, which was...more

Snell & Wilmer

Arizona Supreme Court Expands Landowners’ Rights to Recover Severance Damages in Eminent Domain Cases

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In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more

Cranfill Sumner LLP

Navigating the Jury Trial in an Eminent Domain Case

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Navigating a jury trial in an eminent domain case can feel like a high-stakes gamble. The unpredictability and inherent risks make it a daunting process for both litigants and their counsel. That is why it is important to...more

Pullman & Comley - For What It May Be Worth

Public Hearing on Connecticut Eminent Domain, Property Tax, Land Use Bills

On Monday, March 10, 2025, the Connecticut General Assembly’s Planning and Development Committee held a public hearing on the following eminent domain, property tax and land use bills of interest to the business community...more

Jones Day

Elephant and Castle Town Centre Redevelopment: Compulsory Purchase Order Confirmed

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On 7 January 2025, an Inspector confirmed the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order (No.2) 2023 (the "CPO")....more

Cranfill Sumner LLP

Just Compensation and Fair Market Value: Understanding Property Rights in Eminent Domain

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When the government exercises its power of eminent domain to take private property for public use, the U.S. Constitution requires it to provide “just compensation” to the property owner. But what does “just compensation”...more

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more

Ackerman & Ackerman, P.C.

Key Takeaways from ITC Easement Offers in Mid-Michigan Transmission Line Project

The International Transmission Line (“ITC”) and its subsidiary, the Michigan Electric Transmission Company, LLC (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range...more

BCLP

Significant Changes to CPO Regime Under Consideration

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Two significant consultations opened at the end of last year, the first by the Government and the second by the Law Commission, seeking views on proposed changes to CPO law and process. In the first of this two part series,...more

Nossaman LLP

Eminent Domain for Off-Site Public Improvements Associated with Private Development

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Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval...more

Nossaman LLP

What Constitutes a “Larger Parcel?”

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In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)....more

Stark & Stark

Navigating Commercial Real Estate Litigation in Pennsylvania

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Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog...more

Nossaman LLP

Are Legislatively Enacted Development Impact Fees on the Chopping Block?

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The Supreme Court has granted certiorari in George Sheetz v. County of El Dorado, agreeing to answer the question of whether legislatively enacted development impact fees are subject to a lower level of constitutional...more

Nossaman LLP

Resurgence of Redevelopment Agencies?

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Redevelopment agencies (RDAs) have held a rather infamous position in California history.  While originally created to address urban decay (aka “blight”), generally speaking, RDAs developed into entities that wielded the...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022

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Warehouse “buffer bill” advances in California legislature Bullet The Real Deal – June 2 A bill that proposes a 1,000-foot buffer zone between large warehouse developments and residential areas has advanced through one...more

Sands Anderson PC

Handling Construction Changes During the Eminent Domain Process

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Any project involving the exercise of eminent domain includes the strong likelihood that there will be a series of changes during the planning and construction phases. Yet, while construction needs may warrant a change in the...more

Allen Matkins

Sustainable Development and Land Use Update - August 2021 #4

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California advances two zoning bills seeking to promote scarce housing - U.S. News & World Report – August 26 - Spurred by an affordable housing shortage, spiking home prices, and intractable homelessness, California...more

Farrell Fritz, P.C.

Property Owner’s Request for Court-Determined Just Compensation Backfires

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The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward.  The property owner (the “Owner”) owned a 53,645-square-foot parcel of property (the “Property”) along New York State Route 347...more

Nossaman LLP

Who Has The Right To Develop A Pier?

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If you know someone with property that borders, is adjacent to, or abuts a natural lake, pond, bay, sea, or ocean, they may have littoral property rights. What that means is they may have the right to build a pier out to the...more

Miller Starr Regalia

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use...

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Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second District Court of Appeal’s July 30, 2020 eminent domain decision in...more

Nossaman LLP

[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal...

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Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more

Nossaman LLP

Efforts at Reviving Redevelopment Continue

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There is an ongoing global pandemic and the world is rightly focused on news related to COVID-19.  Given the circumstances, other news is slipping below the radar.  Something you may have missed is another effort to revive...more

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