Clark v. Titus County, No. 06-14-00035 (Sep. 19, 2014) is a somewhat civil procedure oriented opinion, specifically about Texas’ “no-evidence” motion for summary judgment. But it’s a condemnation case, and there’s some good background from the court about the eminent domain process in Texas courts and how appraisers calculate fair market value.
Under Texas
In City of Westerville v. Taylor, No. 13AP-806 (Aug. 12, 2014), the Ohio Court of Appeals concluded that it didn’t matter what professed “plans” the city had the property it took from Taylor, only that the city had taken fee simple absolute title.
As part of a highway project, the city condemned a
Being a short opinion (2 pages), you could read the entirety of the New York Appellate Division’s decision in Eisenhauer v. County of Jefferson, No. 14-00510 (Nov. 14, 2014) more quickly than we could summarize it.
But yes, the taking of private property for expansion of the runway at a public airport is a
The property owner/appellant raised a whole bunch of legal issues in City of Kansas City v. Powell, No. WD 76861 (Oct. 7, 2014), a case decided by the Missouri Court of Appeals, Western District.
The city slated Ms. Powell’s house for condemnation because it wanted to build a new police station and crime lab.
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
In 118th Street Kenosha, LLC v. Wisconsin Dep’t of Transportation, No. 2012AP2784 (Dec. 10, 2014), a condemnation case, the Wisconsin Supreme Court considered these three issues:
(1) Is a temporary limited easement compensable under Wis. Stat. § 32.09(6g)?
(2) Assuming that a temporary limited easement is compensable under Wis. Stat. § 32.09(6g), did the circuit court appropriately
We didn’t quite finish posting all of the 2014 cases in our “for the blog” folder before the ball dropped, so we’re going to use the next couple of days to clear that queue.
Short postings, little analysis. But we’ll start 2015 off clean, we will.
First up, Buck’s Inc. v. City of Omaha,
W’re not going to say much about the U.S. Court of Appeals for the Third Circuit’s decision in Columbia Gas Transmission, LLC v. 1.01 Acres, No. 13-4458 (3d Cir. Sep. 26, 2014), since the opinion is not too long, and the court’s conclusion is pretty “straightforward” as it noted:
The issue before us is
In State of Oregon v. Alderwoods (Oregon), Inc., No. A146317 (Sep. 17, 2014), an en banc equally-divided Oregon Court of Appeals affirmed the trial court’s determination that while the property owner possessed a property right in access to a public highway, that common law right was worth … pretty much nothing.
Being an
Here’s the Washington Court of Appeals in City of Bellevue v. Pine Forest Properties, Inc., No. 71827-4-1 (Dec. 22, 2014):
Without question, condemnation of the property for construction of the East Link Project and the City’s road improvement project is a public use.
Slip op. at 15. There’s more detailed analysis in the