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Just Compensation Police Power

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

Nossaman LLP on

When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more

Hicks Johnson

Government-Mandated Closures: Who is Liable If Businesses Fail?

Hicks Johnson on

Introduction - As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the...more

Holland & Knight LLP

Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay?

Holland & Knight LLP on

It's remarkable when you stop to think about all the things the American public has agreed to do because a governor or other official issues an order to do so. During the coronavirus (COVID-19) crisis, mayors and governors...more

Carlton Fields

Can Governments Commandeer Your Property During COVID-19? California Says Yes

Carlton Fields on

California this month became the first state to declare a right to commandeer private property to combat the spread of COVID-19. Other states and localities are considering similar emergency measures to take over hospital...more

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