Want to learn of some of the options available to property owners whose land is taken by eminent domain (or, even more sadly, destroyed by a disaster)?
Then you should sign up for next week’s ALI-CLE webinar, “1033 Exchanges: Advanced Strategies for Optimal Tax Deferral.”
Here’s a description of the program:
When property
We had to read the facts of the Tennessee Court of Appeals’ opinion in City of Pigeon Forge v. RLR Investments, LLC, No. E2023-01802-COA-R3-DV (Apr. 20, 2025) a couple of times over, just to make sure we were understanding what was going on. But the effort was worth it, just because of the unusual
Partial taking for highway project. You know what that means: severance damages. And you also know that often means a “general or special” benefits fight over how the remainder parcel may have been improved by the project, and whether these benefits can reduce the severance owed.
Before-the-project condition: undeveloped land on a frontage road with
There’s a lot of detailed legal analysis in the Pennsylvania Supreme Court (Eastern District)’s opinion in Pignetti v. Pennsylvania, No. J-11A-2024 (Apr. 25, 2025). But in the end it boiled down to a simple concept.
The case was about what property constituted the larger parcel. As the court put it, where “the condemnation of
The California Supreme Court has agreed to review and resolve a lower (California) court split regarding the standard of review a court should apply in challenges to a government taking of a privately-owned public utility.
In Town of Apple Valley v. Apple Valley Ranchos Water, No. E078348M (Feb. 13, 2025), the California Court
We’re not even going to pretend we know what’s going on that spurred the Supreme Court of India to issue this ruling in Delhi Ag. Marketing Bd. v. Devi (Dead), No. 10757 (Mar. 20, 2025), either in the opinion itself, or especially behind the scenes.
But any judicial opinion that starts off like this
A short one from the U.S. Court of Appeals for the Eighth Circuit.
The caption of WBI Energy Transmission, Inc. v. 189.9 rods, No. 24-1693 (Mar. 24, 2025), should tell you that this is a private-delegation federal taking, and indeed it is. Another Natural Gas Act taking by a private pipeline company.
After WBI
Wondering what happened to that case we posted about last week, where our outfit is representing property owners in a federal court challenge to a Rhode Island town’s efforts to take their land by eminent domain?
Well, here’s the latest. The court just issued this Temporary Restraining Order. Read it for the details.
Eminent domain has been on our mind a lot lately.
But did you know there’s an award-wining play, “Eminent Domain?” Neither did we. Based on a book, it appears.
Soon to be on the stage at Lincoln, Nebraska’s Lied Center for the Performing Arts, produced by the Angels Theatre Company
Before we go further, a disclosure: this is one of ours.
Here’s the Complaint for Violations of Constitutional and Civil Rights, filed yesterday by the Santoro Family in federal court in Rhode Island. This lawsuit challenges, under the Public Use Clause, a RI town’s eminent domaining the family’s land for the ostensible purpose
