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Documents on eminent domain

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HTMLIowa Landowners File Brief Against Use of Eminent Domain by Dakota Access Pipeline
Bill Hanigan; Davis, Brown, Koehn, Shors & Roberts, P.C.;
Legal Alert/Article
October 25, 2016, previously published on October 1, 2016
On Friday, September 30, Bill Hanigan of the Davis Brown Law Firm filed a new brief with the Polk County District Court. The brief is part of the ongoing lawsuit that asks if a private company, which provides no service to Iowans, may use the state’s power of eminent domain to seize land from...


HTMLLandowner’s Guide to Condemnation in South Carolina
Paul A. Dominick; Nexsen Pruet, LLC;
Legal Alert/Article
August 16, 2016, previously published on August 8, 2016
Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements, including benefiting the public, government agencies have the constitutional...


HTMLIowa Landowners File Lawsuits to Suspend Eminent Domain Hearings
Bill Hanigan; Davis, Brown, Koehn, Shors & Roberts, P.C.;
Legal Alert/Article
June 20, 2016, previously published on May 20, 2016
On Friday, May 20, Bill Hanigan of the Davis Brown Law firm filed separate lawsuits on behalf of Verdell and Marian Johnson, and Marvin and Bonnie Zoch, against Dakota Access Pipeline Company. Both couples are Cherokee County Iowa landowners opposed to the use of eminent domain to seize farmland.


HTMLA New Procedure for Appointing Commissioners to Partition Property in Tennessee
C.E. Hunter Brush; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on June 8, 2016
Generally, any person that has an ownership interest in property in which one or more other persons also have an interest may bring an action to divide the property or to sell the property and have the proceeds therefrom divided. Such an action may arise when several children inherit equal...


Adobe PDFEminent Domain: Summary of Recent Legislative Changes
Michael N. Shannon; Quattlebaum, Grooms & Tull PLLC;
Legal Alert/Article
September 10, 2015, previously published on August 2015
Arkansas law regarding eminent domain was amended in the 2013 and 2015 legislative sessions in several meaningful ways.


HTMLUnaccepted Offers as Evidence of Value?
Elliott B. Pollack; Pullman & Comley, LLC;
Legal Alert/Article
April 16, 2015, previously published on Winter 2015
When an ad valorem assessment is challenged as excessive or when the amount awarded for real property taken in an eminent domain proceeding is attacked as inadequate, the central dispute is value/compensation. In addition to fact and other expert witnesses, the litigants present appraisers’...


HTMLHeritage Value and Eminent Domain
Gregory F. Servodidio; Pullman & Comley, LLC;
Legal Alert/Article
April 16, 2015, previously published on Winter 2015
The famous case of Kelo v. New London decided by the Connecticut Supreme Court in 2003 eventually reached the U.S. Supreme Court, which rendered its decision in 2005. The lesson of Kelo was that governmental entities could take property by eminent domain for development by private entities even if...


HTMLNew Jersey Supreme Court Adopts Affirmative Defense Under Federal Law to Claims of Supervisory Harassment Under State Law
Duane Morris LLP;
Legal Alert/Article
March 3, 2015, previously published on February 20, 2015
On February 11, 2015, the New Jersey Supreme Court decided Aguas v. New Jersey and established that New Jersey employers have an affirmative defense to claims of vicarious liability for supervisory harassment arising under the Law Against Discrimination (LAD).


HTMLHands off My Vehicle’s Black Box: Legislation to Protect New Jersey Drivers’ Privacy Rights May Soon Become Reality.
Jill L. Walsh; Thomas, Thomas & Hafer LLP;
Legal Alert/Article
December 19, 2014, previously published on October 31, 2014
Efforts are underway in New Jersey to enact legislation that would make data available in an automobile's event data recorder (a.k.a “EDR” or “black box”) the property of the vehicle's owner. EDRs have the ability to track an automobile’s speed, location, date of use...


HTMLNew Jersey Appellate Division Vacates Rehabilitation Area Designation of Former Industrial Complex in Hoboken
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
September 30, 2014, previously published on September 2014
On September 23, 2014, the New Jersey Superior Court Appellate Division issued a decision approved for publication in R. Neumann & Co. v. City of Hoboken, in which plaintiff Neumann challenged the Hoboken City Council’s 2011 designation of its landmark Observer Highway former industrial...


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