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Documents on eminent domain
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|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...
|Court 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;
June 5, 2012, previously published on June 4, 2012A 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...
|No 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;
April 26, 2012, previously published on April 24, 2012A 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...
|Eminent Domain and the Commercial Lease|
James D. Masterman; Greenberg Traurig, LLP;
March 28, 2012, previously published on March 21, 2012Often, 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...
|Litigation 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;
March 15, 2012, previously published on March 13, 2012A 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...
|Creative Valuation Approaches for Difficult Properties|
Anthony F. Della Pelle, Cory K. Kestner, Harry J. Riskin; McKirdy and Riskin P.A.;
March 14, 2012, previously published by The Practical Real Estate Lawyer, American Law Institute - American Bar Association on March 2012Value 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...
|Supreme Court Revises Test to Establish Common Carrier Status in Condemnation Cases|
Amy L. Baird, Tré Fischer, Robert B. Neblett; Jackson Walker L.L.P.;
March 8, 2012, previously published on March 6, 2012On 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...