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Eminent Domain

Nossaman LLP

California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

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We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more

Snell & Wilmer

Tenth Circuit Revives Takings Claims for Public Use of Property Held Under the State’s Unclaimed Property Act

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In a decision that may reshape how states administer their unclaimed property statutes, the Tenth Circuit held that property owners can pursue takings claims against the Colorado State Treasurer (Treasurer) without exhausting...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

Nossaman LLP

[Event] 2025 Southern California Eminent Domain Seminar - April 15th, Costa Mesa, CA

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Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th. These complimentary...more

Nossaman LLP

[Event] 2025 Northern California Eminent Domain Seminar - April 8th, Berkeley, CA

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Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th. These complimentary...more

Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

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The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more

Ackerman & Ackerman, P.C.

Acquisition Agents and the Good Faith Offer Requirement for Condemnation Projects

Condemning agencies contemplating the use of eminent domain at times hire third-party acquisition agents to purchase properties ahead of an incoming infrastructure project without the provision of written good faith offers....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

Faegre Drinker Biddle & Reath LLP

What to Do When Facing a Government Taking: FAQs on Colorado Eminent Domain

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

Faegre Drinker Biddle & Reath LLP

Phases of an Eminent Domain Proceeding in Colorado

In Colorado, eminent domain (also known as condemnation) proceedings take place in several phases. These proceedings are similar to, but not the same as, other civil trials. Few attorneys — let alone property owners — have...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

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

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In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...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

Cranfill Sumner LLP

How Your Property Is Valued in an Eminent Domain Case

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Protecting Your Rights in Eminent Domain Cases - At our firm, we’re committed to ensuring the government doesn’t overstep its authority. Understanding the limits of the government’s eminent domain powers can give you...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

Cranfill Sumner LLP

Common Questions about Eminent Domain

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Protecting Your Rights in Eminent Domain Cases - At our firm, we’re committed to ensuring the government doesn’t overstep its authority. Understanding the limits of the government’s eminent domain powers can give you...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

Nossaman LLP

What Standard of Review Should Courts Apply for Utility Condemnations?

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Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more

Cranfill Sumner LLP

What Is Eminent Domain?

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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

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 Valuation Complexities Involving the Project Influence Rule

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Appraising a property being acquired through eminent domain involves a number of unique valuation rules, including highest and best use, larger parcel, date of value, and unique evidentiary restrictions on comparable sales...more

Nossaman LLP

When Property is Acquired by Eminent Domain, What is a Business Entitled To?

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When a public agency acquires property for a public project, property owners have a constitutional right to receive just compensation.  But what about the businesses that operate on the property – are they entitled to...more

Nossaman LLP

Come And Take It, and the Basics of Condemnation in Texas.

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In 1831, the colony of Gonzales requested a cannon for defense that was granted by the Mexican authorities.  This cannon was a Spanish made bronze six-pounder.  The grant had one condition; the cannon had to be returned when...more

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