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Documents on eminent domain

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HTMLControversial Plan to Use Eminent Domain to Seize Underwater Mortgages Advances in California
Laura Englehart; Kohrman Jackson Krantz PLL;
Legal Alert/Article
September 25, 2013, previously published on September 23, 2013
In 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...


HTMLShowdown in the Richmond: The City of Richmond Threatens Eminent Domain on Underwater Loans
Kristy E. Young; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 16, 2013, previously published on September 11, 2013
BREAKING 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...


HTMLNew Jersey Enacts Statutory Reforms to Eminent Domain Powers Under Local Redevelopment and Housing Law
Duane Morris LLP;
Legal Alert/Article
September 12, 2013, previously published on September 11, 2013
New 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...


HTMLA 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;
Legal Alert/Article
August 30, 2013, previously published on August 29, 2013
A 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...


HTMLNJ Supreme Court Rules in Favor of Railroad in Condemnation Matter
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
August 26, 2013, previously published on August 2013
In 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...


HTMLCities' 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;
Legal Alert/Article
August 17, 2013, previously published on August 15, 2013
As 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...


HTMLProperty Owners May Not Recover Precondemnation Damages for Decline in Property Values
Kendall H. MacVey, Jamey Wyman; Best Best & Krieger LLP;
Legal Alert/Article
August 17, 2013, previously published on August 15, 2013
In 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...


HTMLCounty’s Interpretation of General Plan Amendment Amounted to Regulatory Taking
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
June 3, 2013, previously published on May 29, 2013
A county interpreted a voter-enacted amendment to its general plan to prohibit the completion of a self-storage facility on property owned by Lockaway Storage, a project that was in the works before the amendment went into effect. The county’s position was an “about face” from its...


HTMLBoston Mayor Threatens Filene's Developers With Eminent Domain Power
Sally Fitch LLP;
Legal Alert/Article
May 20, 2013
The mayor of Boston said in March that he may condemn and seize the former Filene's Basement property slated for a multimillion-dollar building project currently stalled in the Downtown Crossing area. He also floated the idea of revoking the building permits that expire in August anyway.


HTMLPublic Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until After CEQA Compliance
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
May 16, 2013, previously published on May 10, 2013
A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California Environmental Quality Act to complete environmental review first. ...


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