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Documents on eminent domain
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|Transfer of Development Rights in Virginia: Tapping into a Market for Land Use Entitlements|
T. Preston Lloyd; Williams Mullen;
September 11, 2012, previously published on September 7, 2012For 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...
|Inadmissible 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;
August 30, 2012, previously published on August 24, 2012A 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...
|Washington Court of Appeals Upholds the Rights of Tenants to Share in Condemnation Awards|
Lane Powell PC;
August 17, 2012, previously published on August 14, 2012What 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...
|Proposed Amendment to VA Constitution Raises Eminent Domain Issue|
Jenny Eaton; Vandeventer Black LLP;
August 10, 2012, previously published on August 2012This 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...
|Appellate Division Concludes Condemnation of Former Landfill Is Not Subject To Trust-Escrow Valuation Approach|
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
July 31, 2012, previously published on July 20, 2012The 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.
|Virginia’s Eminent Domain Question|
Sandy T. Tucker; Williams Mullen;
July 25, 2012, previously published on July 23, 2012Last 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”).
|Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title|
Nady Nikonova, Michael B. Wilmar; Sheppard, Mullin, Richter & Hampton LLP;
July 20, 2012, previously published on July 19, 2012The 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...
|They Can't Do That, Can They? Constitutional Limitations on the Seizure of Underwater Mortgages|
July 4, 2012, previously published on June 2012This 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...
|New Law Requires Entities with Condemnation Authority to Take Action or Lose Power|
J. Mark Breeding, Frederick D. Junkin, Paul S. Radich; Andrews Kurth LLP;
June 29, 2012, previously published on June 26, 2012During 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...
|Texas Supreme Court Holds That an Electric Company Can Condemn Public Property Over Governmental Immunity Objection|
W. Brad Anderson; Jackson Walker L.L.P.;
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...