A quick one from the Georgia Court of Appeals. In Fincher Road Investments, LLLP v. City of Canton, No. A15A1290 (Nov. 13, 2015), the court held that a condemnee was entitled to recover attorneys’ fees and costs when the condemnor abandoned a taking, and was entitled to recover just compensation for the temporary cloud
ALI-CLE Eminent Domain And Land Valuation Conference: Full Brochure
Here’s the recently-published brochure with more details about the ALI-CLE Eminent Domain and Land Valuation LItigation conference, set for Austin in January 2016.
In the coming days and weeks, we’ll be posting more details about the conference. Our co-planning chairs Joe Waldo, Jack Sperber, and Andrew Brigham have assembled a great agenda, taught by
New SCOTUS Amicus Brief: There’s No IOU’s In Eminent Domain – Quick-Take Deposit Belongs To The Property Owner
Here’s the amicus brief we filed today on behalf of our Owners’ Counsel of America colleagues in Livingston v. Frank, No. 15-470 (cert. petition filed Oct. 9, 2015). That’s the case in which the Florida District Court of Appeal held that the interest generated by quick-take deposits is not the private property of
Valuation And “The Area 51” Taking
As we noted here, the government is taking the property belonging to a Nevada family which is immediate adjacent to the infamous super-secret “Area 51” site.
For more details on the story, read “The Unlikely Struggle of The Family Whose Neighbor is Area 51.” It tells the history of the property
Florida: When Govt Excessively Litigates An Eminent Domain Case, “Full Compensation” Requires Payment Of Attorneys Fees
Those of you who represent property owners on the business end of eminent domain who practice in Florida and the few other states which allow recovery of attorneys’ fees, consider yourselves lucky: the rest of us poor slobs who practice in places where they are not permitted — either as a component of a constitutional
Kansas: We’re Pretty Much Not Going To Second-Guess The Jury When It Comes To Compensation
We’ve had the Kansas Supreme Court’s opinion in Kansas City Power & Light Co. v. Strong, No. 110573 (Aug. 28, 2015) in the hopper for a while, but never quite got around to posting it. Something else always seemed to take precedence, and it’s just one of those decisions that doesn’t really reach out
New Cert Petition: Interest Earned On Quick-Take Deposit Is Property, Gov’t Can’t Keep 90%
We all know the old rule that “interest follows principal,” which means that when a deposit on account is private property, so is the interest which that deposit earns.
Not according to the Florida Court of Appeals, however. In a 2014 decision, that court held that interest earned on quick-take deposits was not
Fla App: Offer Early, Offer Often – Early Precondemnation Offer Does Not Trigger Attorneys’ Fee Statute
In General Commercial Properties, Inc. v. Florida Dep’t of Transportation, No. 4D14-0699 (Fla. Dist. App. Oct. 14, 2015), the court held that a statute which requires the trial court to use the “first written offer” by the condemnor made prior to the initiation of the eminent domain case as the benchmark when it is
It’s Here – 2016 ALI-CLE Eminent Domain Conference: Complete Agenda, Faculty, Registration Information
Here’s the full agenda for the 2016 Eminent Domain and Land Valuation Litigation / Condemnation 101 Conference, January 28-30, 2016, in Austin, Texas.
Together with our friend and colleague Joe Waldo, we think we’re put together a pretty good program that covers a lot of ground. This is the first time the conference has been
Federal Court: Virginia’s Entry Statute Not Facially Unconstitutional
Our friend and colleague Alan Ackerman posted a note on his blog about a recent District Court ruling from the Western District of Virginia which upheld the power of a potential condemnor to enter property for the purposes of survey, without formally taking the property. See “Virginia Federal Judge Follows What May Be the