Despite its caption, the opinion of the Texas Supreme Court in Wheeler v. Enbridge Pipelines (East Texas), L.P., No. 13-0234 (Aug. 29, 2014) isn’t another one of those can-they-or-can’t-they pipeline cases.
But it’s a case that takings mavens might find intersting anyway, because the court sets out how a property owner is
There’s one citation notably missing from the opinion of the Texas Court of Appeals in Anderton v. City of Cedar Hill, No. 05-12-00969-CV (Aug. 22, 2014): Williamson County.
This was case where in response to the city’s petition that the Anderdons’ use of their property was illegal, they counterclaimed that they had
In Rutherford Elec. Membership Corp. v. 130 of Chatham, LLC, No. 13 SP 95 (Sep. 2, 2014), the North Carolina Court of Appeals reversed the dismissal of an eminent domain complaint filed by a private company that sought to take property located in two counties.
In cases where a private company seeks to condemn
Under Nebraska eminent domain law, the condemnor is required to make a “good faith” effort to negotiate with the property owner before it files an eminent domain action. See Neb. Rev. Stat. § 76-704.01(6).
In Camden v. Papio-Missouri River Natural Resources District, No. A-13-266 (Aug. 26, 2014), the court concluded that the
Clark v. Titus County, No. 06-14-00035 (Sep. 19, 2014) is a somewhat civil procedure oriented opinion, specifically about Texas’ “no-evidence” motion for summary judgment. But it’s a condemnation case, and there’s some good background from the court about the eminent domain process in Texas courts and how appraisers calculate fair market value.
Under Texas
In City of Westerville v. Taylor, No. 13AP-806 (Aug. 12, 2014), the Ohio Court of Appeals concluded that it didn’t matter what professed “plans” the city had the property it took from Taylor, only that the city had taken fee simple absolute title.
As part of a highway project, the city condemned a
Being a short opinion (2 pages), you could read the entirety of the New York Appellate Division’s decision in Eisenhauer v. County of Jefferson, No. 14-00510 (Nov. 14, 2014) more quickly than we could summarize it.
But yes, the taking of private property for expansion of the runway at a public airport is a
The property owner/appellant raised a whole bunch of legal issues in City of Kansas City v. Powell, No. WD 76861 (Oct. 7, 2014), a case decided by the Missouri Court of Appeals, Western District.
The city slated Ms. Powell’s house for condemnation because it wanted to build a new police station and crime lab.
Pennington v. Gwinnett County, No. A14A0999 (Oct. 9, 2014) was review of a grant of summary judgment, so the facts, viewed in light most favorable to the Penningtons, sure make it look like the county engaged in some sharp practices.
The Penningtons had an agreement with T-Mobile, which gave it the option to lease
Under the Montana Constitution, a property owner who prevails in a condemnation matter is entitled to an award of “necessary expenses of litigation.”
In Wohl v City of Missoula, 2014 MT 310 11-25-2014, NO. DA 14-0161 (Nov. 25, 2014), the Montana Supreme Court concluded that property owners who ultimately prevailed after two appeals were