A short one from the Florida District Court of Appeals, Florida Dep’t of Transportation v. Mallards Cove, LLP, No. 2D13-181 (Mar. 6, 2015), a regulatory takings case that followed on the heels of a straight condemnation.
The DOT condemned property belonging to Mallards Cove via Florida’s quick take procedure, by which certain agencies may
Weird headline from KITV. No, owners whose property is taken for the rail aren’t “profiting” if they are able to get more for their land than what the condemning agency offered; “just compensation and damages” are required by the constitution, and if they are able to obtain more, in many cases that still leaves them
The Virginia Supreme Court recently heard oral arguments in Ramsey v. Commissioner of Highways, a case we’ve been following closely (and in which we filed an amicus brief in support of the property owners).
This is the case about Virginia’s statutory requirements in eminent domain cases. As a prerequisite to a court exercising
As reported yesterday by Pacific Business News (“HART acquired 34 properties for $70M along Honolulu rail transit route, new report says“), “[t]he Honolulu Authority for Rapid Transportation has acquired 34 properties totaling about $70.2 million thus far along the 20-mile rail transit route, including the recent purchase of a former sports bar property
Metropolitan St. Louis Sewer District v. City of Bellefontaine, No. ED101713 (Feb. 24, 2015), is another one of those cases where construction by a city resulted in damage to property. The water district sued for inverse condemnation, among other things. Only twist here was that it wasn’t exactly “private” property, but property owned by another municipality
The State of New York wants to build the Bronx River Greenway, a “23-mile-long ribbon of green with a multi-use path that will extend along the full length of the river in Westchester County and the Bronx.” Who could argue with that?
Amtrak, that’s who. After failing to acquire 6 parcels along the river
A short one from the Texas Court of Appeals. As we noted in this post recently, Texas has bifurcated its eminent domain process. After a petition in condemnation is filed in court, in the “administrative” phase, the court appoints commissioners whose job it is to hold a hearing and render an opinion on value.
[To reserve your space, please email your RSVP to me or Mark, or call either of us at (808) 531-8031.]
On Thursday, March 5, 2015, from 6:00 – 7:15 p.m. at the Farrington High School Cafeteria (1564 North King Street, Honolulu, Hawaii), we’re inviting property owners, businesses, and residents whose rights
Have you ever read one of those opinions where each piece seems okay, but as a whole the result just doesn’t sit well? The Idaho Supreme Court’s opinion in State of Idaho, Dep’t of Transportation v. Grathol, No. 40168 (Feb. 11, 2015) is just one of those.
You’ve no doubt heard a lot about
Here’s the latest in an issue we’ve been following out of North Carolina.
In Kirby v North Carolina Dep’t of Transportation, No. COA14-184 (Feb. 17, 2015), the N.C. Court of Appeals not only held that the property owners’ claims were ripe, but that the Map Act — which gives the DOT the ability to