Eminent Domain | Condemnation

Here’s a quick one from the Indiana Court of Appeals, about when a party must object to an appraiser’s report, and the reaction to that objection by the condemnor.

In Clark County Bd of Aviation Commissioners v. Dreyer, No. 10A01-1206-PL-288 (Mar. 21, 2013), the property owner did not object to the report of three

Cle-logoThose of you on the east coast (or, who wouldn’t mind a visit to a very beautiful part of Virginia), mark your calendars: on April 25 and 26, 2013, CLE International is presenting the 7th Annual Virginia Eminent Domain Conference – Local, State, and National Trends at the Tides Inn in Irvington, Virginia.

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Our colleague Mark M. Murakami has published the first in a series of posts on his blog about legal issues surrounding the multi-billion dollar Honolulu rail project, “Honolulu Rail and the Uniform Relocation Act.”

Because the HART rail project will involve federal funds, federal laws and regulations provide property owners (and their tenants)

If this article — Christie tells beachfront owners to sign easement for dunes or face ridicule — accurately relays the entire context of the situation, then something is seriously off here.

The article quotes New Jersey Governor Chris Christie as declaring that if shoreline property owners do not voluntarily surrender easements and allow the construction

Here’s the Reply Brief in Ilagan v. Ungacta, No. 12-723 (cert. petition filed Dec. 7, 2012), the case in which the Court is considering whether to review the Guam Supreme Court’s opinion applying Kelo v. City of New London, 545 U.S. 469 (2005) to reverse a trial court decision invalidating a taking. 

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Here’s the Brief in Opposition which responds to the cert petition in Ilagan v. Ungacta, No. 12-723 (cert. petition filed Dec. 7, 2012).

In that case, an Agana, Guam property owner is alleging that a taking of his residential property so that his neighbor (the former mayor of Agana) could have a driveway for

Grab a Tim Hortons double double and get ready to read an interesting opinion.

What we call “eminent domain” Canada calls “expropriation.” But that’s not the only thing different about the takings law of the U.S. and that our neighbors in the Great White North.

Generally, under the law of most U.S. states, lost business

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From North Carolina colleague Matthew Bryant comes a heads-up to this report from WFDD, the NPR affiliate, “Possible Twist in Winston Northern Beltway.”

It’s about an ongoing inverse condemnation fight in the Winston-Salem area over the N.C. Department of Transportation’s designation in the mid-to-late 1990’s of certain properties for acquisition for a bypass

Did we say free? (If you are an ABA member, that is.)

Join us for a teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law, specifically the three cases the U.S. Supreme Court is ruling