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Documents on eminent domain

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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...


HTMLEminent-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;
Legal Alert/Article
October 25, 2010, previously published on October 21, 2010
On 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...


HTMLDisplaced 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;
Legal Alert/Article
September 2, 2010, previously published on August 24, 2010
In 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...


HTMLSupreme Court Narrows Possible Securities Fraud Claims against Foreign Issuers
Ambreen A. Delawalla; Alston & Bird LLP;
Legal Alert/Article
July 27, 2010, previously published on July 14, 2010
The U.S. Supreme Court recently issued its decision in a so-called “foreign cubed” securities case, Morrison v. National Australia Bank Ltd., No. 08-1191, 2010 WL 2518523 (U.S. June 24, 2010). The Court held that a foreign investor’s complaint against a foreign issuer in...


HTMLU.S. Supreme Court Rules on Takings Clause in Florida Case
Roderick E. Walston; Best Best & Krieger LLP;
Legal Alert/Article
June 30, 2010, previously published on June 21, 2010
The U. S. Supreme Court waded into a thorny constitutional thicket by considering whether the courts, like other branches of government, are subject to the limitations of the Takings Clause of the U. S. Constitution when they change the definition of property. Under the Takings Clause, the...


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...


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