Here at invesecondemnation.com, we do our best to bring you timely decisons on cases of interest from around the nation and the world. But today we’ve outdone ourselves, because we have an opinion from the Connecticut Court of Appeals, issued … next week: Dep’t of Transportation v. Cheriha, LLC, No. 155AP144
Just Compensation | Appraisal
Still Time To Join Us For The 2015 ALI-CLE Eminent Domain Programs In San Francisco
This could be your view, winging your way to San Francisco in a couple of weeks, to join us for the 2015 ALI-CLE Eminent Domain and Land Valuation Litigation Conference (and the concurrent Condemnation 101 program), at the Hotel Nikko, February 5-7, 2015.
There’s still a few spaces left, and time to register. We’re the…
Right To Compensation Self-Executing: Property Owners Entitled To Jury & Article III Judge In Federal Inverse Cases
It’s been accepted for such a long time that it’s become one of those things that “everyone knows we’ve always done it that way,” but most probably don’t quite know why that is so: if you have to sue the United States for a regulatory taking or inverse condemnation, you go to the…
Blog Posts We’re Reading Today: TransCanada, Admissibility Of Value Statements, HRAP Amendments Proposed
On Maui today to argue an eminent domain case, so haven’t had a chance to post up a new opinion. But in our down time between hearings and flights, we were able to do some reading of our colleagues’ stimulating blog posts. Check ’em out:
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Final Brief In Virginia Supreme Court Eminent Domain Case: DOT’s Precondemnation Statement Of Value Is Admissible
Here’s the property owners’ Reply Brief in Ramsey v. Commissioner of Highways, a case currently pending before the Virginia Supreme Court.
This is the case about Virginia’s statutory requirements in eminent domain cases. As
a prerequisite to a court exercising jurisdiction over a condemnation complaint, a state condemning agency must as an initial step…
How To Value Trees In Texas
Despite its caption, the opinion of the Texas Supreme Court in Wheeler v. Enbridge Pipelines (East Texas), L.P., No. 13-0234 (Aug. 29, 2014) isn’t another one of those can-they-or-can’t-they pipeline cases.
But it’s a case that takings mavens might find intersting anyway, because the court sets out how a property owner is…
Neb App: Condemnor Did Not Make Jurisdictional Good Faith Effort To Negotiate
Under Nebraska eminent domain law, the condemnor is required to make a “good faith” effort to negotiate with the property owner before it files an eminent domain action. See Neb. Rev. Stat. § 76-704.01(6).
In Camden v. Papio-Missouri River Natural Resources District, No. A-13-266 (Aug. 26, 2014), the court concluded that the…
Tex App: “No-Evidence” Summary Judgment Wrongly Granted Where Property Owner Undercut Appraiser’s Assumptions
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 …
Ohio App: You Took It, You Bought It – Taking Of “Fee Simple” Means Taking Of All Rights, Regardless Of Intent
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 …
La App: Wetlands Should Have Been Valued As “High And Dry”
St. Charles Land Co. II, LLC v. City of New Orleans, No. 14-CA-101 (Dec. 23, 2014), involved the amount of compensation in an inverse case over 8.08 acres of New Orleans land used for the extension of an airport runway. The trial court determined just compensation at $30,740.
Here’s the heart of the opinion:…



