BLOG: Condemnation Law
Regulatory Taking Affirmed by Texas Court of Appeals
On August 1, 2022, the Fifth District Court of Appeals in Dallas, Texas affirmed a $33 million dollar jury verdict in favor of a property owner on a regulatory taking claim! Dallas v. Trinity East Energy (2022-8-1 Trinity East Energy). In short, the City of Dallas and Trinity East had entered into a Lease Agreement... Read More
The Deed is Done: Bruce’s Beach Officially Returned to Family’s Descendants Almost a Century After Pretextual Condemnation
In November 2021, we blogged about a story where California’s Governor, Gavin Newsom, signed a law authorizing Los Angeles County to return a beach property taken by eminent domain back to descendants of the original property owners. That blog can be found here. Fast forward to mid-July 2022, an oceanfront ceremony officially marked the first... Read More
Denial of SCOTUS Review: Open Door for More Takings Under Kelo?
Our blog often focuses on Court action that shapes the law surrounding the substantial power of eminent domain. However, in some instances, Court inaction may lead to detrimental consequences for property owners when faced with a governmental taking. One notable example of Court inaction that is worth discussing is the case of Eychaner v. City... Read More
How Does a Reverse Mortgage Impact Your Recovery in an Eminent Domain Case?
Eminent domain is the inherent right or power of the government to “take” private property for public use. Notwithstanding that substantial power, the government may not take property for public use without paying the property owner “just compensation.” (Emphasis added). Generally speaking, the fair market value of the property taken, plus any damages to any... Read More
Oberlin Pipeline Challege Ends at DC Circuit Court of Appeal
“Tin soldiers and Nixon’s coming We’re finally on our own This summer I hear the drumming Four dead in Ohio….” Ohio, Crosby Stills Nash & Young (Neil Young). Well, it’s not as drastic as “four dead in Ohio”, but I love the tune and the City of Oberlin’s appeal is now dead (unless miraculously revived... Read More
Missouri Revises Its Eminent Domain Laws, Protects Property Rights
On June 11, 2022, Missouri’s Governor Michael Parson signed House Bill HB 2005 to reform the State’s eminent domain laws. The new legislation specifically targets use of eminent domain by electrical companies as well as application to farmland being taken. HB 2005 details that in order to use the power of eminent domain, electrical companies... Read More
Revocation of Highway Access Affirmed on Appeal
On July 5, 2022, the Appellate Division affirmed a denial of direct highway access by the NJ Dep’t of Transportation. In re Revocation of the Permit for Direct Access to Route 206, Docket A-1958-18. Opinion here. The property owner – Sylvia Zika – had litigated the denial of access through the entire regulatory process culminating... Read More
LA Considers “Buying” Private Apartment to Fight Soaring Rent Prices
In late May 2022, the Los Angeles City Council directed the city to make a formal offer on a 124-unit housing development where the landlord raised rents by up to 300 percent. Residents of the Hillside Villa Apartments (“HVA”) at 636 N. Hill Place have lobbied since 2020 for Los Angeles to use the power... Read More
Redevelopment Plan Approving Grocery Store Use Upheld on Appeal
Last Friday, a two-judge panel of the Appellate Divison issued a Per Curiam opinion in Meredith v. Mayor and Council Borough of Somerdale (A-1933-20) and “affirm[ed] substantially for the cogent reasons expressed by Judge Silverman Katz in her thorough written decisions.” Slip op. at 16. Full text of the opinion is available here. This case... Read More
10 Questions to Ask an Eminent Domain Attorney
Eminent domain is the inherent right or power of the government to “take” private property for public use. When confronted with this power, it is easy for property owners to feel overwhelmed or confused by the process. Retaining reliable and experienced eminent domain counsel is the single most effective way to protect your property rights... Read More
