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Documents on eminent domain

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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...


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...


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