Here are the opinions that we spoke about this afternoon at the Land Use Institute on “The Use of Eminent Domain for Redevelopment & Economic Development Projects.”
- Redevelopment: You Can’t Just Say “Redevelopment” – Take Now, Decide Later Isn’t A Public Use
- Due Process: Before Taking Property, Condemnor Must Provide Notice Reasonably Calculated To Put The Owner On Actual Notice
- Scope of delegation: A Hospital Parking Lot Isn’t An Authorized Reason To Take
- Necessity: No Necessity: Landowner Met Burden – Condemnor Did Not Consider Other Sites
- After the taking: First Circuit: “[T]he Fifth Amendment precludes the impairment or discharge of prepetition claims for just compensation in Title III bankruptcy.”
Thanks for joining in.