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Documents on eminent domain
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|No Easement by Necessity on Neighboring Property for Parcel Divided by Eminent Domain|
Gregory S. Emrick; Semmes Bowen Semmes A Professional Corporation;
September 30, 2013, previously published on September 2013The Virginia Supreme Court overturned the trial Court’s holding that an easement by necessity was formed when a parcel of land became land locked by the revocation of the neighboring landowner’s permission to use an access lane that provided entry to the landlocked parcel. The Court...
|Road Projects, Eminent Domain and Oil and Gas Operations|
Thomas H. Fusonie; Vorys, Sater, Seymour and Pease LLP;
September 30, 2013, previously published on September 2013Drive around Ohio and you can see road projects wherever you go. The government is widening roads, expanding roads and making new roads. Such projects almost always involve in part the government’s power of eminent domain, the power to seize private property for public use. Under both the...
|Eminent domain as a Solution to Resolve “Underwater” Mortgages?|
Brady J. Lighthall; Weltman, Weinberg & Reis Co., L.P.A.;
September 26, 2013, previously published on September 21, 2013 For the past three months, the eyes of mortgage lenders, servicers, and their constituents have been focused on the City of Richmond, California, and its controversial plan to assist its residents in restructuring underwater mortgages. The success of this plan will have a far-reaching impact on...
|Controversial Plan to Use Eminent Domain to Seize Underwater Mortgages Advances in California|
Laura Englehart; Kohrman Jackson Krantz PLL;
September 25, 2013, previously published on September 23, 2013In an attempt to keep residents in their homes and prevent foreclosures, municipal leaders in Richmond, California are advancing a plan that allows the city to use its eminent domain powers to seize and refinance underwater mortgages. While Richmond is still far from actually executing it, the...
|Showdown in the Richmond: The City of Richmond Threatens Eminent Domain on Underwater Loans|
Kristy E. Young; Sheppard, Mullin, Richter & Hampton LLP;
September 16, 2013, previously published on September 11, 2013BREAKING NEWS: In a contentious 4-3 decision and amid more than 300 community members on both sides of the issue, the City Council for the City of Richmond voted to continue pursuing its eminent domain plan in the early morning hours of Wednesday, September 11. The council also rejected two related...
|New Jersey Enacts Statutory Reforms to Eminent Domain Powers Under Local Redevelopment and Housing Law|
Duane Morris LLP;
September 12, 2013, previously published on September 11, 2013New Jersey Governor Chris Christie recently signed into law A-3615 (the "Act"), which codifies recent New Jersey court holdings providing the state's property owners with greater procedural protections from eminent domain under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1...
|A Jury in an Eminent Domain Action Must Decide if “Reasonable Probability” Exists that Government Will Require Dedication of Land as Development Condition and if the Dedication is “Roughly Proportionate” to Potential Impacts of Remaining Development|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
August 30, 2013, previously published on August 29, 2013A city planned to realign a truck route and offered the landowners compensation that valued the property as undevelopable agricultural land instead of its current zoning of light industrial. The city reasoned that the condemned portion of the property was undevelopable because if the landowners...
|NJ Supreme Court Rules in Favor of Railroad in Condemnation Matter|
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
August 26, 2013, previously published on August 2013In Norfolk Southern Railway Company v. Intermodal Properties, LLC, decided on August 6, 2013, the New Jersey Supreme Court rejected the challenge of property owner Intermodal to the taking of its property by the railroad, thereby affirming the authority of Norfolk Southern to acquire by...
|Cities' Use of Eminent Domain Raises Serious Constitutional and Damage Issues for Lenders, Loan Servicers and Trustees of Securitized Trusts|
David N. Anthony, John C. Lynch, R.J. Nutter, Ethan G. Ostroff; Troutman Sanders LLP;
August 17, 2013, previously published on August 15, 2013As politicians look for methods to assist local voters unable to pay their mortgages, cities may begin to exercise their eminent domain powers to seize homes and mortgages in order to prevent foreclosure. The city of Richmond, California recently became the newest proponent of this strategy, with...
|Property Owners May Not Recover Precondemnation Damages for Decline in Property Values|
Kendall H. MacVey, Jamey Wyman; Best Best & Krieger LLP;
August 17, 2013, previously published on August 15, 2013In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship between the agency’s precondemnation conduct and a property’s...