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Documents on eminent domain

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HTMLPublic Entity Did Not Have To Condemn Additional Private Property To Provide Substitute Access Road Where Affected Property Would Not Be Landlocked
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
October 10, 2012, previously published on October 5, 2012
A public entity that sought to condemn property that would result in elimination of a roadway easement to another property was not required to condemn additional private property to replace the road because the affected property would not be landlocked as a result of the condemnation. (Council of...


HTMLPrivately-Owned Utility Company Liable In Action For Inverse Condemnation
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
September 20, 2012, previously published on September 18, 2012
A court of appeal recently held that a privately-owned utility company may be held liable for inverse condemnation as a public entity. (Pacific Bell Telephone Company v. Southern California Edison Company (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 30, 2012).


HTMLTransfer of Development Rights in Virginia: Tapping into a Market for Land Use Entitlements
T. Preston Lloyd; Williams Mullen;
Legal Alert/Article
September 11, 2012, previously published on September 7, 2012
For many private property owners in rural areas of Virginia, the protection of undeveloped land raises economic considerations. The prospect of selling rural property to a developer may offer a tantalizing payday as suburban development approaches. When it comes to offering financial remuneration...


HTMLInadmissible Property Valuation Evidence Could Not Be Used To Impeach Expert During Eminent Domain Proceeding
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
August 30, 2012, previously published on August 24, 2012
A court of appeal recently held that inadmissible evidence could not be used during cross- examination to impeach an expert in an eminent domain proceeding. The court concluded that prior case law did not create a “cross-examination exception” regarding valuation evidence, which...


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...


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