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Documents on eminent domain

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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....


HTMLProperty 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;
Legal Alert/Article
February 16, 2011, previously published on February 10, 2011
In 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...


HTMLUPDATE: 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;
Legal Alert/Article
January 20, 2011, previously published on January 18, 2011
In 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...


HTMLSteps To Justice
Blucher Law Group LLC;
January 3, 2011
What the property owner or business owner should consider in eminent domain.


Adobe PDFPennsylvania Supreme Court Decision Puts Private Road Act at Risk
Megan Daly King; Saul Ewing LLP;
Legal Alert/Article
November 29, 2010, previously published on November 2010
On September 30, 2010, in a 4-3 decision, the Supreme Court of Pennsylvania decided In the Matter of: Opening a Private Road ex rel. O’Reilly, 5 A.3d 246 (Pa. 2010). The Supreme Court reviewed the Commonwealth Court’s determination that the Pennsylvania Private Road Act does not effect...


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