News & Analysis as of

Land Owners Damages

Gray Reed

Mineral Lessee’s H2S Damage Claim Rejected

Gray Reed on

Landowner and mineral owner (that includes you, lessee): Under ETC Texas Pipeline, Ltd. v. Ageron Energy, LLC, your right to sue for damages for tort or trespass could pass into history before you even know you have a claim....more

Dickinson Wright

When Development Deals Go Wrong, Damages Come in the Form of Land Value, Not Lost Profits

Dickinson Wright on

This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered....more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Beveridge & Diamond PC

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

Beveridge & Diamond PC on

Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Littoral Rights/Lakefront: Florida Appellate Court Addresses Damage Action for View Obstruction

The District Court of Appeals of Florida (“Appellate Court”) addressed in an October 20th opinion a dispute between adjacent lakefront neighbors related to construction of a dock and walkway. See HagertySmith, LLC v....more

Gray Reed

Award for Nuisance From Gas Wells Squelched

Gray Reed on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Maynard Nexsen

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

Maynard Nexsen on

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

Beveridge & Diamond PC

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

Beveridge & Diamond PC on

In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform...more

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