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Documents on eminent domain

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HTMLWhat Do You Mean I Don't Own My Franchised Business?
Michael R. Kiesling, Antony D. Nash; Luce, Forward, Hamilton & Scripps LLP;
Legal Alert/Article
September 21, 2011, previously published on September 15, 2011
California 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...


HTMLSupreme 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.;
Legal Alert/Article
September 9, 2011, previously published on August 30, 2011
On 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...


HTMLNew Requirements Under Texas Eminent Domain Laws
Katharine D. David, Sandy D. Hellums, Michael A. Stafford; Haynes and Boone, LLP;
Legal Alert/Article
September 6, 2011, previously published on September 1, 2011
The 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,...


HTMLPublic Acquisitions - Eminent Domain & Condemnation - An Overview
Moses Brackett PC;
August 30, 2011
Public 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...


HTMLLatest on Condemnation of Fixtures in Virginia: Taco Bell v Commonwealth Transportation Commissioner
Andrew R. McRoberts; Sands Anderson PC;
Legal Alert/Article
July 1, 2011, previously published on June 29, 2011
On 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...


HTMLNo 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;
Legal Alert/Article
June 23, 2011, previously published on June 21, 2011
In 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...


Adobe PDFDiminished Just Compensation in Eminent Domain Cases
John H. Buonocore; McKirdy and Riskin P.A.;
Legal Alert/Article
June 21, 2011, previously published by New Jersey Law Journal, Vol CXCII, No. 16, Index 164 on April, 2008
Should 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?


Adobe PDFRecovering Business Goodwill in Condemnation Cases    
Anthony F. Della Pelle, Cory K. Kestner; McKirdy and Riskin P.A.;
Legal Alert/Article
May 26, 2011, previously published by Americal Bar Association on Winter, 2011
While 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.


Adobe PDFSelecting Eminent Domain Experts
Anthony F. Della Pelle, John W. Little; McKirdy and Riskin P.A.;
Legal Alert/Article
May 26, 2011, previously published by American Law Institute - American Bar Association, The Practical Litigator on September, 2010
One of the best investments you can make in your case is the time you spend with your expert.


HTMLProperty Owners Not Entitled to Interest on Relocation Benefits Following Condemnation Proceedings
Lane Powell PC;
Legal Alert/Article
May 12, 2011, previously published on May 5, 2011
Washington 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...


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