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Documents on eminent domain
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|Latest on Condemnation of Fixtures in Virginia: Taco Bell v Commonwealth Transportation Commissioner|
Andrew R. McRoberts; Sands Anderson PC;
July 1, 2011, previously published on June 29, 2011On June 9, 2011, the Virginia Supreme Court held that whether equipment within a condemned business is personal property (therefore not valued as part of the take) or a fixture (therefore valued as part of the take) is a question for the condemnation jury, not the trial court. The holding was the...
|No 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;
June 23, 2011, previously published on June 21, 2011In 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...
|Diminished Just Compensation in Eminent Domain Cases|
John H. Buonocore; McKirdy and Riskin P.A.;
June 21, 2011, previously published by New Jersey Law Journal, Vol CXCII, No. 16, Index 164 on April, 2008Should 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?
|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...