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Documents on eminent domain

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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 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.


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.


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...


HTMLCity’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;
Legal Alert/Article
May 10, 2011, previously published on May 2, 2011
In 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...


HTMLGetting Maximum Value for Franchisee and Franchisor During Condemnation Proceedings
Ivy Cadle; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
April 11, 2011, previously published on April 8, 2011
A 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...


HTMLBasics of Condemnation
Thomas C. Beach; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
April 8, 2011, previously published on April 4, 2011
Condemnation, 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...


HTMLConsent 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;
Legal Alert/Article
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...


HTMLValuing Condemned Land Using the Development Approach: Lehigh-Northampton Airport Authority v. Fuller
Lawrence B. Abrams; Rhoads & Sinon LLP;
Legal Alert/Article
February 24, 2011
In 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....


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