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Documents on eminent domain
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|Court 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;
January 9, 2012, previously published on January 6, 2012The 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...
|Statements of Intent to Condemn Do Not Give Rise to Inverse Condemnation Claim|
Michael Hansen; Sheppard, Mullin, Richter & Hampton LLP;
January 9, 2012, previously published on January 6, 2012The 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...
|No 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;
December 28, 2011, previously published on December 21, 2011A 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 ----,...
|Widow 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;
December 28, 2011, previously published on December 27, 2011In 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...
|Purple Line Approved for Preliminary Engineering|
Harry W. Lerch; Lerch, Early & Brewer, Chartered;
December 6, 2011, previously published on December 1, 2011The 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.
|In 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;
November 25, 2011, previously published on November 21, 2011In 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...
|EDPL § 207 Trumps CPLR Article 78 Statute Of Limitations|
Marie Butchello, Karla M. Corpus; Hiscock & Barclay, LLP;
November 24, 2011, previously published on November 2011In 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...
|Texas Supreme Court Ruling May Slow the Installation of Certain Pipelines|
C. Brannon Robertson; King & Spalding LLP;
November 4, 2011, previously published on November 2011There 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...
|What Do You Mean I Don't Own My Franchised Business?|
Michael R. Kiesling, Antony D. Nash; Luce, Forward, Hamilton & Scripps LLP;
September 21, 2011, previously published on September 15, 2011California 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...
|Supreme 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.;
September 9, 2011, previously published on August 30, 2011On 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...