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Documents on eminent domain
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|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...
|Steps To Justice|
Blucher Law Group LLC;
January 3, 2011What the property owner or business owner should consider in eminent domain.
|Pennsylvania Supreme Court Decision Puts Private Road Act at Risk|
Megan Daly King; Saul Ewing LLP;
November 29, 2010, previously published on November 2010On 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...
|Eminent-Domain Reform Bill Advances in New Jersey State Senate, But Does Not Take a Big Leap|
George J. Kroculick, Michael J. McCalley; Duane Morris LLP;
October 25, 2010, previously published on October 21, 2010On October 7, 2010, the New Jersey Senate's Community and Urban Affairs Committee approved S-1451, a bill intended to give property owners greater rights in condemnation cases and redevelopment projects (the "Bill"). Namely, the Bill, which is sponsored by Sen. Ronald Rice, D-Essex, is an...
|Displaced Property Owner May Not Recover Expenses In Eminent Domain Proceeding That Are Deemed Nonrecoverable By Relocation Assistance Act|
William T. Chisum, Mona Ebrahimi; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
September 2, 2010, previously published on August 24, 2010In Los Angeles Unified School District v. Casasola, (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 5, 2010), a court of appeal addressed whether property owners who were displaced when a school district condemned their property could “recover under the eminent domain law expenditures...