Here’s one with a somewhat unusual twist: the condemnee objecting to the taking by a public utility district was the state.
In Public Utility Dist. No. 1 of Okanogan Cnty. v. State of Washington, No. 88949-0 (Jan. 29, 2015), the Washington Supreme Court affirmed the power of the county utility district to take an…
The wheels of justice may grind slowly, but they do grind. Yesterday, the Ninth Circuit granted a motion we filed back in June 2013, and permitted us to file this amicus brief on behalf of the Western Manufactured Housing Communities Association in a case that is scheduled to be argued in mid-February 2015, Rancho de …
This is a longer post, but since we think this case may be going further and is worth watching, we’re going to hit it up in some detail.
In City of Chicago v. Eychaner, No. 05L050792 (Jan. 21, 2015), the Illinois Appellate Court upheld the taking of private vacant land near the Chicago Loop (Eychaner’s…
Following up on our earlier post about anti-eminent domain signs are the below, courtesy Dwight Merriam, of the Kelo neighborhood in New London, Connecticut, during the time of the strife. See also the book Dwight edited for the ABA about the case.
The signs have long since been removed. Along with the properties themselves…
In Rutherford Elec. Membership Corp. v. 130 of Chatham, LLC, No. 13 SP 95 (Sep. 2, 2014), the North Carolina Court of Appeals reversed the dismissal of an eminent domain complaint filed by a private company that sought to take property located in two counties.
In cases where a private company seeks to condemn…
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…
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…
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…
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…
Continuing with our year-end opinion dump, here’s the conclusion of the Texas Court of Appeals in City of Blue Mound v. Southwest Water Co., No. 02-13-00343-CV (Nov. 13, 2014):
Because as a matter of law the City is attempting to condemn Appellees’ water and wastewater system as a going concern, because as…
