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Documents on eminent domain
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|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...
|City’s Voluntary Acquisition of Properties Did Not Create Condemnation Blight|
William T. Chisum, Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
May 10, 2011, previously published on May 2, 2011In City of Los Angeles v. Superior Court of Los Angeles County, (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., April 12, 2011), a court of appeal considered whether landowners proved that city’s voluntary acquisition of properties created “condemnation blight” such that the landowners...
|Getting Maximum Value for Franchisee and Franchisor During Condemnation Proceedings|
Ivy Cadle; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
April 11, 2011, previously published on April 8, 2011A recent Georgia trial illustrates certain challenges for franchisees and franchisors forced to close a location because of a transportation project. One of the most important and challenging damages to recover is the lost value of the business. While the standard of “just and adequate...
|Basics of Condemnation|
Thomas C. Beach; Whiteford, Taylor & Preston L.L.P.;
April 8, 2011, previously published on April 4, 2011Condemnation, or eminent domain, involves the governmental taking of private property for a "public use" within the meaning of the Takings Clause of the Fifth Amendment to the U.S. Constitution. The power of eminent domain vests at all levels of government, both state and federal, but the...
|Consent Decrees and Stipulated Judgments Need to Be Drafted Carefully if a Party Intends to Seek Review in the Court Of Appeal|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
March 8, 2011, previously published on March 02, 2011 In City of Gardena v. Rikuo Corporation, (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., February 7, 2011), a court of appeal considered whether a defendant could appeal two orders entered by a trial court that retained jurisdiction to determine costs after the parties settled an eminent domain action and...
|Valuing Condemned Land Using the Development Approach: Lehigh-Northampton Airport Authority v. Fuller|
Lawrence B. Abrams; Rhoads & Sinon LLP;
February 24, 2011In a recent case, the Pennsylvania Commonwealth Court has affirmed the condemnee’s use of the “development approach” to value land taken under the power of eminent domain when the condemnee had filed a plan complying with local zoning regulations prior to the date of the taking....
|Property Owner’s Claim for Inverse Condemnation Did Not Accrue Until City’s Occupation of the Property Became Wrongful, Which Was Not Until the Eminent Domain Proceeding Was Dismissed|
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
February 16, 2011, previously published on February 10, 2011In Cobb v. City of Stockton, (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., January 26, 2011), a court of appeal considered whether a property owner’s claim for inverse condemnation was barred by the statute of limitations. The court of appeal held the property owner’s claim was not barred by...
|UPDATE: Ninth Circuit Court of Appeals Sitting En Banc Holds that City's Rent Control Ordinance Does Not Constitute a Regulatory Taking of Property From Mobile Home Park Owners|
Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
January 20, 2011, previously published on January 18, 2011In Guggenheim v. City of Goleta, (--- F.3d, C.A.9 (Cal.), December 22, 2010), the United States Court of Appeals for the Ninth Circuit sitting en banc considered whether mobile home park owners stated a regulatory taking of property claim against a city that has a rent control ordinance...