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Documents on eminent domain

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HTMLYou're Going to Do What With My Property? - City of Stockton v. Marina Towers, LLC (2009) 171 Cal.App.4th 93
Michael R. Kiesling, Antony D. Nash, Steven S. Wall; Luce, Forward, Hamilton & Scripps LLP;
Legal Alert/Article
May 18, 2010, previously published on May 7, 2010
May a public entity condemn property first, then decide what to do with that property later? The answer, according to the recent decision of the California Court of Appeal in City of Stockton v. Marina Towers, is a resounding “no!”


HTMLThe Condemned
The Law Office of Harper J. Dimmerman P.C.;
Legal Alert/Article
May 13, 2010, previously published by Philadelphia Bar Association on May 10, 2010
There is an inherent limitation regarding the power of eminent domain. On paper, it seems reasonable that governmental entities would need the flexibility and autonomy to acquire private property, for the sake of infrastructural enhancements and progress in general. Yet defining the concept of...


Adobe PDFRecent Changes to SEC Rating Agency Reform Impose Burdensome Requirements on Structured Products Participants
Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 16, 2010, previously published on March 3, 2010
Recent amendments to rules of the Securities and Exchange Commission (“SEC”) relating to Nationally Recognized Statistical Rating Organizations (“NRSROs”) will require persons seeking a rating of structured products and asset backed securities to establish and maintain a...


HTMLLocal, Family-Owned Pool Table Retailer Faces Off Against Caltrans over I-215 Domain
John C. Murphy; Luce, Forward, Hamilton & Scripps LLP;
Legal Alert/Article
February 17, 2010, previously published on January 27, 2010
Ken Renfroe, long-time San Bernardino County resident, and family patriarch, opened Games for Fun - a manufacturer and retailer of game room tables and accessories - in San Bernardino in 1984. The Renfroe family built, over 25 years, a thriving Southern California business...But after 25 years,...


HTMLFour New Jersey Bills Seek to Change How Government Condemns Real Estate, as U.S. Debate on Eminent Domain Continues
George J. Kroculick; Duane Morris LLP;
Legal Alert/Article
February 5, 2010, previously published on January 27, 2010
On January 12, 2010, the New Jersey State Legislature introduced four bills that indicate an intention to change eminent domain practice in the state. These bills are anticipated to help eliminate issues that have accompanied real estate condemnation in New Jersey in the past decade.


HTMLOwners Entitled to Interest on Relocation Benefits in Condemnation Proceedings
Lane Powell PC;
Legal Alert/Article
January 7, 2010, previously published on January 6, 2010
The Washington Court of Appeals has decided property owners are entitled to interest on state relocation benefits following a taking of property by eminent domain. The decision, however, was not unanimous, and the dissent argued that the issue should be decided by the legislature rather than the...


Microsoft WordLitigating The Eminent Domain Case in Connecticut
Benson A. Snaider; Snaider, Benson A., PC;
Legal Alert/Article
November 11, 2009, previously published by Fourth Annual Property Rights Seminar, Connecticut Bar Association on Fall 2009
The article explains the Connecticut procedure for taking an appeal for additional compensation when private property has been taken for a public purpose and the owner is dissatisfied with the offer of compensation.


HTMLCity's Rent Control Ordinance Constitutes a Regulatory Taking of Property from Mobile Home Park Owners
Mona Ebrahimi, Jon E. Goetz; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
Legal Alert/Article
October 21, 2009, previously published on October 15, 2009
In Guggenheim v. City of Goleta, (--- F.3d ---, C.A.9 (Cal.), September 28, 2009), the United States Court of Appeals for the Ninth Circuit considered whether a city's mobile home rent control ordinance constitutes a regulatory taking of property from mobile home park owners. The Court of Appeals...


Barry A. Ross;
Legal Alert/Article
July 20, 2009, previously published by Orange County Lawyer on Fall 2003
The article explores the defense of an eminent domain or condemnation case against a community association. The article discusses the identification of the client, the importance of the governing documents, the organization of the owners, the appraisal, discovery, settlement and trial.


HTMLThe Lack of a Written Lease Is Not Fatal to a Business Owner's Quest for Compensation for Loss of Goodwill in an Eminent Domain Proceeding
Diana D. Halpenny, Karina K. Terakura, Amara Harrell, Mona Ebrahimi, William T. Chisum; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
Legal Alert/Article
July 20, 2009, previously published on July 7, 2009
In Los Angeles Unified School District v. Pulgarin, (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., June 23, 2009), a California Court of Appeal issued an opinion clarifying when a public entity must compensate a business for loss of goodwill in an eminent domain action.


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