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Adobe PDFWashington Court of Appeals Upholds the Rights of Tenants to Share in Condemnation Awards
Lane Powell PC;
Legal Alert/Article
August 17, 2012, previously published on August 14, 2012
What rights does a tenant have in an eminent domain proceeding? In City of Puyallup v. Hogan, the Washington Court of Appeals recently confirmed the right of a tenant, Borders Group, Inc., (“Borders”) to share in a condemnation award and held that tenants do not have the duty to...

 

HTMLProposed Amendment to VA Constitution Raises Eminent Domain Issue
Jenny Eaton; Vandeventer Black LLP;
Legal Alert/Article
August 10, 2012, previously published on August 2012
This is a big election year. Not only will Virginians be voting on the future president, but they will also be voting on a proposed amendment to the Virginia Constitution. The proposed amendment relates to property rights and eminent domain. Specifically, the amendment seeks to restrict the...

 

HTMLAppellate Division Concludes Condemnation of Former Landfill Is Not Subject To Trust-Escrow Valuation Approach
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
July 31, 2012, previously published on July 20, 2012
The Superior Court of New Jersey, Appellate Division, has clarified the state's eminent domain law related to the valuation and remediation of contaminated property in its July 16, 2012 decision in Borough of Paulsboro v. Essex Chemical Corporation, which has been approved for publication.

 

HTMLVirginia’s Eminent Domain Question
Sandy T. Tucker; Williams Mullen;
Legal Alert/Article
July 25, 2012, previously published on July 23, 2012
Last week, Governor McDonnell signed House and Senate bills providing for a referendum on a constitutional amendment to expand property owner rights in Virginia eminent domain proceedings (the “amendment”).

 

HTMLFederal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title
Nady Nikonova, Michael B. Wilmar; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 20, 2012, previously published on July 19, 2012
The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy. The Port held the lands under a trust grant from the State of California, and therefore defending the state’s sovereign interest in the lands was the responsibility of the California State...

 

Adobe PDFThey Can't Do That, Can They? Constitutional Limitations on the Seizure of Underwater Mortgages
Jones Day;
Legal Alert/Article
July 4, 2012, previously published on June 2012
This Commentary discusses a proposal, referred to below as "the property seizure program," whereby state and local governments would use their eminent domain power to "condemn" underwater mortgages-that is, mortgages under which the outstanding amount of the debt exceeds the...

 

HTMLNew Law Requires Entities with Condemnation Authority to Take Action or Lose Power
J. Mark Breeding, Frederick D. Junkin, Paul S. Radich; Andrews Kurth LLP;
Legal Alert/Article
June 29, 2012, previously published on June 26, 2012
During its 2011 Regular Session, the Texas Legislature passed Senate Bill 18, which included a provision requiring each entity vested with the power of condemnation to provide certain information to the Texas Comptroller of Public Accounts. The information must be submitted by December 31, 2012, or...

 

HTMLTexas Supreme Court Holds That an Electric Company Can Condemn Public Property Over Governmental Immunity Objection
W. Brad Anderson; Jackson Walker L.L.P.;
Legal Alert/Article
June 27, 2012, previously published on June 26, 2012
The Texas Supreme Court issued an opinion on Friday, June 22, 2012, in Oncor Electric Delivery Company, LLC v. Dallas Area Rapid Transit and Fort Worth Transportation Authority (Cause No. 11-0079)—holding that a recent change to the Texas Utilities Code waived governmental immunity from...

 

HTMLCourt Erred In Excluding All Evidence Regarding Severance Damages In Eminent Domain Action
William T. Chisum, Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
June 5, 2012, previously published on June 4, 2012
A trial court erred when it excluded all evidence offered in an eminent domain action by a property owner regarding permanent and temporary severance damages because the owner offered sufficient evidence for the matter to be presented to the jury, and in general, the court questioned whether a...

 

HTMLNo Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation
Jon E. Goetz, Jeffrey L. Massey, Brett L. Price; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
April 26, 2012, previously published on April 24, 2012
A California court of appeal recently rejected a landowner’s claim that newly purchased replacement property should be exempt from reassessment and the establishment of a new base year value because the landowner sold his original property under threat of condemnation to a private party...

 


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