Blogs about: Condemnationeminent Domain

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Condemnee’s Failure to Show State’s Temporary Easement for Grading Purposes Affected Marketability of Parcel Bars Sales Prospect as Measure of Damages

Patty Salkin wrote 1 hour ago: The formula for measuring damages when a mere temporary easement encumbers a parcel’s highway fron … more »

Tags: Current Caselaw - New York

Ninth Circuit Court of Appeals Upholds Use of Eminent Domain for Electric Power Transmission

Patty Salkin wrote 3 weeks ago: In a case where the United States had instituted condemnation proceedings to acquire easements for … more »

Tags: Current Caselaw

Missouri Joins States that Recognize Inverse Condemnation Actions for Condemnation Blight

Patty Salkin wrote 3 weeks ago: The city declared a retail shopping center blighted in May 2003 and entered into a redevelopment agr … more »

Tags: Current Caselaw, Redevelopment, Ripeness

SCOTUS Denies Cert in Goldstein v. Pataki – Atlantic Yards Eminent Domain Case

Patty Salkin wrote 1 month ago: This morning the U.S. Supreme Court denied certiorari in Goldstein v. Pataki, reported on the blog e … more »

S.D. Attorney General Opines that Economic Development is a Public Purpose to Justify Sale of State Land

Patty Salkin wrote 2 months ago: On April 28, 2008 the South Dakota Attorney General issued an opinion determining that it is appropr … more »

Condemnation of Church Property Does Not Violates Florida’s Religious Freedom Restoration Act

Patty Salkin wrote 3 months ago: In seeking to expand a substance abuse facility, Broward County concluded that it needed to condemn … more »

Tags: Current Caselaw, Religious Uses - Non-RLUIPA

Colorado Supreme Court Holds that A Court May Not Order Urban Renewal Authority to Exercise Eminent Domain In Furtherance of a Contract with Developer

Patty Salkin wrote 3 months ago: The urban renewal authority entered into an agreement that required it to acquire five parcels, by e … more »

Tags: Current Caselaw

Failure to Notify Landowner of Blight Designation Violated Due Process1 comment

Patty Salkin wrote 3 months ago: The New Jersey Superior Court Appellate Division ruled the state’s procedure for designating prope … more »

Tags: Current Caselaw, Due Process

New York State Bar Association Task Force on Eminent Domain Issues Final Report1 comment

Patty Salkin wrote 4 months ago: The New York State Bar Association was the only state bar in the country to appoint a task force spe … more »

Second Circuit Upholds Use of Eminent Domain for Controversial Atlantic Yards Project1 comment

Patty Salkin wrote 5 months ago: On Friday, the Second Circuit upheld the District Court’s dismissal of a complaint filed by fiftee … more »

Tags: Current Caselaw, Current Caselaw - New York

Property Rights Initiatives to be Before California Voters Again

Patty Salkin wrote 5 months ago: Two new property rights initiatives have been certified for the ballot in June in California, with a … more »

Tags: Property Rights

Nevada Supreme Court Determines Equitable Considerations Justify Claim for Per Se Taking of Airspace

Patty Salkin wrote 6 months ago: In a decision providing for equitable application of the law of the case doctrine, the Nevada Suprem … more »

Tags: Takings, Current Caselaw, easements

NY Appellate Court Holds that Eminent Domain May Be Used to Preserve Farmland1 comment

Patty Salkin wrote 7 months ago: The “Manorville Farmland Protection Area” within the Town of Brookhaven is an approximately 500- … more »

Tags: Current Caselaw - New York, Agricultural Uses

Minnesota County May Require Clean-Up of Property Pursuant to Zoning and Waste Management Ordinances

Patty Salkin wrote 8 months ago: Despite efforts of the County over a number of years to have property owners voluntarily clean-up th … more »

Tags: Current Caselaw, Nuisance

Utah Condemnation Statute Does Not Preempt Inverse Condemnation Claim

Patty Salkin wrote 9 months ago: Following 3 separate condemnation actions by the Utah Department of Transportation (UDOT) on differe … more »

Tags: Takings, Current Caselaw

Seventh Circuit Finds RLUIPA Does Not Apply to Condemnation of Religious Cemetery

Patty Salkin wrote 10 months ago: The 7th Circuit Court of Appeals held yesterday (September 13, 2007) that the O’Hare Moderniza … more »

Tags: RLUIPA, Current Caselaw


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