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Documents on eminent domain

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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...


HTMLEminent Domain and the Commercial Lease
James D. Masterman; Greenberg Traurig, LLP;
Legal Alert/Article
March 28, 2012, previously published on March 21, 2012
Often, commercial landlords and tenants only pay close attention to the eminent domain or condemnation clause in a lease when the condemning authority first gives notice that either all or a part of the leased premises is about to be taken. By that time, landlords and tenants find themselves in an...


HTMLLitigation Expenses Award Not Available In Eminent Domain Action Ended By Stipulated Judgment Before The Start Of Trial
William T. Chisum; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
March 15, 2012, previously published on March 13, 2012
A California Court of Appeal recently held that property owners in an eminent domain action were not entitled to an award of litigation expenses after they entered into a stipulated judgment with the State Department of Transportation several days before their scheduled trial date. (The People ex...


Adobe PDFCreative Valuation Approaches for Difficult Properties
Anthony F. Della Pelle, Cory K. Kestner, Harry J. Riskin; McKirdy and Riskin P.A.;
Legal Alert/Article
March 14, 2012, previously published by The Practical Real Estate Lawyer, American Law Institute - American Bar Association on March 2012
Value can be hidden below the surface. Oil must be drilled for many miles below the earth’s surface, while diamonds must be mined. Although a property may not instantly reveal the best way to appraise or value it for just compensation purposes, a little digging into how market participants...


HTMLSupreme Court Revises Test to Establish Common Carrier Status in Condemnation Cases
Amy L. Baird, Tré Fischer, Robert B. Neblett; Jackson Walker L.L.P.;
Legal Alert/Article
March 8, 2012, previously published on March 6, 2012
On March 2, 2012, the Texas Supreme Court revised its opinion in the controversial case, Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC. In its original decision, the Supreme Court held that merely filing the paperwork and offering to make the pipeline available for public use...


HTMLTexas Supreme Court Heard Condemnation Case Today - $48,000 or $21 million?
Susan Dillon Ayers; Jackson Walker L.L.P.;
Legal Alert/Article
February 29, 2012, previously published on February 27, 2012
Today the Texas Supreme Court heard an oral argument to decide whether a pipeline company will pay $48,000 or $21 million to condemn 24 acres for a gas processing facility.


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