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Documents on eminent domain
 

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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.

 

HTMLProperty Owner's Claim for Inverse Condemnation Did Not Accrue Until City's Occupation of the Property Became Wrongful, Which Was Not Until the Eminent Domain Proceeding Was Dismissed
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
February 15, 2012, previously published on February 10, 2011
In Cobb v. City of Stockton, (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., January 26, 2011), a court of appeal considered whether a property owner’s claim for inverse condemnation was barred by the statute of limitations. The court of appeal held the property owner’s claim was not barred by...

 

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...

 

HTMLStatements of Intent to Condemn Do Not Give Rise to Inverse Condemnation Claim
Michael Hansen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 9, 2012, previously published on January 6, 2012
The Second Appellate District recently held that public statements and other actions indicating an intent to condemn must clearly meet the criteria set out in the landmark California Supreme Court decision Klopping v. City of Whittier (1972) 8 Cal.3d 39 (Klopping) in order for inverse condemnation...

 

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.

 


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