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Documents on eminent domain
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|What Do You Mean I Don't Own My Franchised Business?|
Michael R. Kiesling, Antony D. Nash; Luce, Forward, Hamilton & Scripps LLP;
September 21, 2011, previously published on September 15, 2011California law provides that the owner of a business conducted on property taken by eminent domain is entitled to be compensated for loss of goodwill caused by the taking. But are franchisors business “owners” for purposes of recovery of goodwill compensation? As the California Court of...
|Supreme Court Rejects Railroad Commission Approval of Common Carrier Status in Condemnation Cases|
Amy L. Baird, Joseph (Tre) A. Fisher, Robert B. Neblett; Jackson Walker L.L.P.;
September 9, 2011, previously published on August 30, 2011On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the Ninth Court of Appeals to affirm the common carrier status and the eminent domain authority of a carbon dioxide (CO2) pipeline company, Denbury Green Pipeline-Texas LLC ("Denbury Green"). The Appellate...
|New Requirements Under Texas Eminent Domain Laws|
Katharine D. David, Sandy D. Hellums, Michael A. Stafford; Haynes and Boone, LLP;
September 6, 2011, previously published on September 1, 2011The 2011 Texas Legislature adopted broad changes to eminent domain laws that take effect on September 1, 2011. Under the new law, public and private entities that hold condemnation power face important new requirements and deadlines. While governmental entities have numerous new procedural hurdles,...
|Public Acquisitions - Eminent Domain & Condemnation - An Overview|
Moses Brackett PC;
August 30, 2011Public Acquisitions - Eminent Domain & Condemnation - An Overview
The government and public utility companies are often involved in the acquisition of property from individuals. Most people are unfamiliar with the procedures involved and their rights affected when this happens. If you are...
|Latest on Condemnation of Fixtures in Virginia: Taco Bell v Commonwealth Transportation Commissioner|
Andrew R. McRoberts; Sands Anderson PC;
July 1, 2011, previously published on June 29, 2011On June 9, 2011, the Virginia Supreme Court held that whether equipment within a condemned business is personal property (therefore not valued as part of the take) or a fixture (therefore valued as part of the take) is a question for the condemnation jury, not the trial court. The holding was the...
|No Recovery For Impairment To Access Where Ingress And Egress Were Not Completely Obstructed By City’s Median Project|
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
June 23, 2011, previously published on June 21, 2011In Wardany v. City of San Jacinto, (2011 WL 2119370, C.D.Cal., May 27, 2011), a United States District Court considered whether a convenience store owner stated a claim against a city for taking his property without just compensation. The city had constructed a mile-long median in front of his...
|Diminished Just Compensation in Eminent Domain Cases|
John H. Buonocore; McKirdy and Riskin P.A.;
June 21, 2011, previously published by New Jersey Law Journal, Vol CXCII, No. 16, Index 164 on April, 2008Should the zoning benefits and incnetives accorded to a property under a local redevelopment plan be considered in determining the value of that property as part of just compensation for its acquisition via eminent domain?
|Recovering Business Goodwill in Condemnation Cases |
Anthony F. Della Pelle, Cory K. Kestner; McKirdy and Riskin P.A.;
May 26, 2011, previously published by Americal Bar Association on Winter, 2011While just compensation is limited to indemnity for the real estate taken in many states, business losses can also be recovered if certain circumstances are present.
|Selecting Eminent Domain Experts|
Anthony F. Della Pelle, John W. Little; McKirdy and Riskin P.A.;
May 26, 2011, previously published by American Law Institute - American Bar Association, The Practical Litigator on September, 2010One of the best investments you can make in your case is the time you spend with your expert.
|Property Owners Not Entitled to Interest on Relocation Benefits Following Condemnation Proceedings|
Lane Powell PC;
May 12, 2011, previously published on May 5, 2011Washington property owners’ right to recover interest on relocation assistance benefits following an eminent domain case was short-lived, as the Washington Supreme Court has reversed last year’s Court of Appeals decision granting that right. The Supreme Court’s ruling in Union...