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Documents on eminent domain
 

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HTMLCourt of Appeal Rules that Denial of a Landowner's Application to Develop Property Can Be a Compensable Regulatory Taking
S. Keith Garner, Michael Hansen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 9, 2012, previously published on January 6, 2012
The Fourth Appellate District recently held that a local agency's denial of an application to develop a 2.85 acre parcel in the middle of a developed residential area can constitute a compensable regulatory taking under the Penn Central Transp. Co. v. City of New York (1978) 438 U.S. 104...

 

HTMLNo Inverse Condemnation Claim Where City Threatened But Did Not Proceed With Plans For Condemnation
William T. Chisum, Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
December 28, 2011, previously published on December 21, 2011
A Court of Appeal recently held that a landowner failed to state a claim for inverse condemnation against a city that planned to take the landowner’s property but ultimately decided to not go forward with eminent domain proceedings. (Joffe v. City of Huntington Park (--- Cal.Rptr.3d ----,...

 

HTMLWidow of Company’s Founder is Not Entitled to Stock Owned By Her Husband Prior to Their Marriage But the Increase in the Value of the Stock During the Time of Their Marriage is Community Property
Linda M. Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
December 28, 2011, previously published on December 27, 2011
In Patrick v. Alacer (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., November 16, 2011), a California Court of Appeal considered a dispute between the widow of the founder of a company and trustees of the trust established by her husband to run the company, over whether she could make a claim to her...

 

HTMLPurple Line Approved for Preliminary Engineering
Harry W. Lerch; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
December 6, 2011, previously published on December 1, 2011
The Purple Line is a proposed $1.9 billion light rail project that would extend from Bethesda to New Carrollton by way of the Silver Spring Metro station, Langley Park and the University of Maryland campus. It is intended to ease east-west traffic in Montgomery and Prince Georges’ Counties.

 

HTMLIn An Eminent Domain Proceeding, Lenders’ Withdrawal Of Funds Without Objection From Property Owner Does Not Result In A Waiver Of Property Owner’s Rights
William T. Chisum, Bruce A. Scheidt; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
November 25, 2011, previously published on November 21, 2011
In Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market, LLC (--- P.3d ----, Cal., November 14, 2011), the California Supreme Court considered in an eminent domain proceeding whether a property owner’s right to contest the taking was waived. The public entity...

 

Adobe PDFEDPL § 207 Trumps CPLR Article 78 Statute Of Limitations
Marie Butchello, Karla M. Corpus; Hiscock & Barclay, LLP;
Legal Alert/Article
November 24, 2011, previously published on November 2011
In a September 30, 2011 decision, the Appellate Division Fourth Department held that a Petitioner in a proceeding under Article 2 of the Eminent Domain Procedure Law timely challenged the Respondent agency’s environmental determination despite the fact that more than four months had passed...

 

HTMLTexas Supreme Court Ruling May Slow the Installation of Certain Pipelines
C. Brannon Robertson; King & Spalding LLP;
Legal Alert/Article
November 4, 2011, previously published on November 2011
There are over 150,000 miles of intrastate pipelines in Texas. In addition to natural gas, the lines transport many other products related to the oil and gas industry—crude oil, condensate, carbon dioxide, and more. This pipeline system is of national importance, as Texas is not only a major...

 

HTMLWhat Do You Mean I Don't Own My Franchised Business?
Michael R. Kiesling, Antony D. Nash; Luce, Forward, Hamilton & Scripps LLP;
Legal Alert/Article
September 21, 2011, previously published on September 15, 2011
California law provides that the owner of a business conducted on property taken by eminent domain is entitled to be compensated for loss of goodwill caused by the taking. But are franchisors business “owners” for purposes of recovery of goodwill compensation? As the California Court of...

 

HTMLSupreme Court Rejects Railroad Commission Approval of Common Carrier Status in Condemnation Cases
Amy L. Baird, Joseph (Tre) A. Fisher, Robert B. Neblett; Jackson Walker L.L.P.;
Legal Alert/Article
September 9, 2011, previously published on August 30, 2011
On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the Ninth Court of Appeals to affirm the common carrier status and the eminent domain authority of a carbon dioxide (CO2) pipeline company, Denbury Green Pipeline-Texas LLC ("Denbury Green"). The Appellate...

 

HTMLNew Requirements Under Texas Eminent Domain Laws
Katharine D. David, Sandy D. Hellums, Michael A. Stafford; Haynes and Boone, LLP;
Legal Alert/Article
September 6, 2011, previously published on September 1, 2011
The 2011 Texas Legislature adopted broad changes to eminent domain laws that take effect on September 1, 2011. Under the new law, public and private entities that hold condemnation power face important new requirements and deadlines. While governmental entities have numerous new procedural hurdles,...

 


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