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 …
St. Charles Land Co. II, LLC v. City of New Orleans, No. 14-CA-101 (Dec. 23, 2014), involved the amount of compensation in an inverse case over 8.08 acres of New Orleans land used for the extension of an airport runway. The trial court determined just compensation at $30,740.
Here’s the heart of the opinion:…
The DOT took some of the Garretsons’ land, and the construction of the bypass highway which necessitated the taking ended up flooding the Garretsons’ remaining land, so they sued, alleging the damage was caused by the DOTS’s “gross negligence in the constructon and change of drainage.” The trial court dismissed, because the DOT is statutorily…
Here’s the Virginia Department of Transportation’s answering brief in the case which we posted about last week, Ramsey v. Commissioner of Highways, now pending before the Virginia Supreme Court.
Under Virginia’s condemnation procedures, as a prerequisite to a court exercising jurisdiction over an eminent domain action, a state condemning agency must as an …
Back in February, we blogged about an opinion from the Maine Supreme Court involving littoral property (that’s beachfront property to all you non-lawyers and Navy people), in which the court concluded that those who were asserting a prescriptive easement over the plaintiffs’ beachfront property– the Town and several neighbors — had not rebutted Maine’s…
Remember that case we posted about here, when it was set for oral arguments in the Hawaii Supreme Court a few months ago, where the plaintiff was asserting that the County of Hawaii Planning Department was liable for negligence for not maintaining its subdivision files accurately?
Last month, the Hawaii Supreme Court issued a …
Under Virginia’s condemnation procedures, as a prerequisite to a court exercising jurisdiction over an eminent domain action, a state condemning agency must as an initial step present to the property owner a statement of “the amount which [the condemnor] believes to be just compensation,” and must include an appraisal if an appraisal is required:
The…
We bring you the latest guest post by colleague Paul Schwind, who has been tracking the issues and arguments that recently led the Hawaii Supreme Court to conclude, in DW Aina Lea Development, LLC v. Bridge Aina Lea, LLC, No. SCAP-13-0000091 (Nov. 25, 2014), that the Hawaii Land Use Commission wrongfully rescinded an…
Here’s the Opening Brief on the Merits, filed by the State of California in Property Reserve, Inc. v. California, No. s217738 (Sep. 26, 2014).
That’s the case in which the California Supreme Court is reviewing a court of appeal decision which invalidated California’s entry statute (Cal. Civ. Pro. Code § 1245.010 et seq.), concluding …
Here are all of the amici briefs in support of the property owners/petitioners in Kurtz v. Verizon New York, Inc., No. 14-439 (cert. petition filed Oct. 14, 2014).
That’s the case in which the Second Circuit threw out a complaint on Williamson County ripeness grounds. Odd thing was that the court held that a…
