Here’s an interesting one from the Georgia Supreme Court. In Dillard Land Investments, LLC v. Fulton County, No. S13G1582 (July 11, 2014), the court held that a condemning agency could not voluntarily dismiss an eminent domain action, after a special master has entered a just compensation award but before the agency has paid the
Just Compensation | Appraisal
Friday Round-Up: Eminent Domain, Cal Food Fight Ends (Maybe), Midwest Flooding
Here’s what caught our attention today:
- Opinion: Caution is necessary when Utah transit projects engage in the practice of eminent domain – an opinion piece from the Deseret News which mentions that recent Utah Supreme Court case about whether it is a public use to take an entire parcel simply to avoid the humbug of
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Farpotshket Alert: Plan To Take Mortgages By Eminent Domain Is Back
Like a visiting relative who won’t go home, the idea to seize underwater-but-performing mortgages is still hanging on. The llatest chapter is brought to us by way of our New York colleague Mike Rikon, who writes:
At a press conference on the steps of City Hall, City Council members and housing advocacy groups called…
Cal Supreme Court To Review Eminent Domain Entry Statutes – A Free Pass, Or A Taking?
Update: Here’s a story on the case from the Sacramento Bee (“State Supreme Court to rule in Delta property-rights case“). See also “Property Reserve on Hold: Supreme Court to Review Eminent Domain Right of Entry Statutes” from Brad Kuhn at the California Eminent Domain Law Report.
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Thanks to our…
Mark Your Calendars: 2015 ALI-CLE Eminent Domain and Land Valuation, and Condemnation 101 – February 5-7, 2015, San Francisco
ALI-CLE, the good folks who put on the annual programs on Eminent Domain and Land Valuation, and Condemnation 101: How to Prepare and Present an Eminent Domain Case, have announced the dates and venue for the 2015 conferences:
Thursday – Saturday, February 5-7, 2015
Hotel Nikko, in San Francisco.
Those…
Honolulu Rail And The Use Of Eminent Domain
Here are two recent reports on the progress of the Honolulu rail project that should be read in-tandem:
- Property acquisition for rail falls far behind (Star-Advertiser, June 15, 2014)
- City might seize land in Honolulu for rail line (Star-Advertiser, June 20, 2014)
Both stories are partially behind a paywall, but here’s…
Mass: Gov’t Not Liable For Impacts Of Road Project On Nearby Business
Ah, the speed of the internet: we were all set to write up the recent decision by the Supreme Judicial Court of Massachusetts in Sorenti Bros., Inc. v. Commonwealth, No. SJC-11420 (May 19, 2014), when we noticed that the good folks over at the Massachusetts Land Use Monitor had already done so.
So…
Former Clerk Of The Supreme Court: Govt “Bullying” And “Strong-Arming” Property Owners
Those of us who have been in the courtroom when the U.S. Supreme Court has conducted its sessions over the past decades will certainly recall the fairly tall guy in the fancy suit guiding the lawyers, press, and audience members where to sit, what to do, and the like. That was the Clerk of the…
CFC: Denial Of Wetlands Dredge And Fill § 404 Permit = Taking = $4.2M Just Compensation
Remember the Lost Tree case? That’s the one where the Federal Circuit concluded that a single parcel owned by the plaintiff was the relevant parcel against which the impact of the Corps of Engineers’ denial of a § 404 wetlands dredge and fill permit is to be measured. The court overturned a Court of Federal…
Worth Reading – The Last Word On Honolulu Rail, And 2013 Eminent Domain Year In Review
It’s Friday, so we’re slacking a bit on the blogging. But our colleagues at the Nossaman firm have given us a couple of good pieces for our reading enjoyment.
- First is “9th Circ. Simplifies Enviro Process For Transit Projects,” by Robert D. Thornton. If his name sounds familiar, it’s because he’s the
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