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Eminent Domain for Urban Revitalization Five Years After Kelo

Get the latest Emerging Issues Analysis on Kelo v. City of New London , 545 U.S. 469 (U.S. 2005) , the landmark U.S. Supreme Court decision holding that condemnation of non-blighted homes for retransfer for private urban redevelopment did not violate the Fifth Amendment's Public Use Clause. In...

"Put Your Makeup On, Fix Your Hair Up Pretty, And Meet Me Tonight In Atlantic City."

Apparently there is more than fist bumping (pumping?) going on "down the Shore." The PropertyProf Blog has an interesting story about what it calls " A Non-Taking On The Jersey Shore ." If nothing else, the story gives me a work-related reason to go down to Atlantic City. I don't...

Stop The Beach (Again): Supreme Court Agrees To Hear Another Potential Case On Judicial Takings

Somewhat lost amid the flurry of opinions handed down by the United States Supreme Court at the end of the 2010-11 session was its grant of certiori in PPL Montana LLC v. Montana (the link takes you to the SCOTUSblog page for the case, which contains the underlying opinion and the cert documents...

Post-Kelo Eminent Domain Reform: A Double-Edged Sword for Historic Preservation

By R. Benjamin Lingle J.D. 2011, University of Florida Levin College of Law Excerpted from Post-Kelo Eminent Domain Reform: A Double-Edged Sword for Historic Preservation , 63 Fla. L. Rev. 985 I. Introduction The preservation of historic structures provides communities across the nation with...

Steptoe & Johnson PLLC: Laser Northeast Withdraws PaPUC Application

By Kurt L. Krieger As our prior alerts concerning the Laser Northeast Gathering Company, LLC ("Laser") proceeding have stated, the Laser proceeding is a precedent-setting proceeding of great interest to landowners, consumers, natural gas producers and gathering and midstream companies...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – September 15th, 2011 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Procedural Issues in Eminent Domain

By John P. Baker Excerpted from Procedural Issues in Eminent Domain, 18 Tex. Wesleyan L. Rev. 29 I. Overview In Texas, an eminent domain proceeding is a two-part procedure involving an administrative proceeding and, if necessary, a judicial proceeding. 2 A condemnor initiates the administrative...

Williams Mullen: Virginia’s Eminent Domain Question

BY: SANDY T. TUCKER Last week [July 16th], Governor McDonnell signed House and Senate bills providing for a referendum on a constitutional amendment to expand property owner rights in Virginia eminent domain proceedings (the " amendment "). If passed, the amendment will affect current Virginia...

Ballard Spahr LLP: FHFA Questions Use of Eminent Domain for Underwater Mortgages

By the Consumer Financial Services Group In response to threats from local governments in California and elsewhere to use eminent domain to acquire and restructure underwater mortgages, the Federal Housing Finance Agency (FHFA) has announced that it "has determined that action may be necessary...

Vandeventer Black LLP: Proposed Amendment to VA Constitution Raises Eminent Domain Issue

This is a big election year. Not only will Virginians be voting on the future president, but they will also be voting on a proposed amendment to the Virginia Constitution. The proposed amendment relates to property rights and eminent domain. Specifically, the amendment seeks to restrict the definition...

Williams Mullen: Major Changes in Virginia Eminent Domain Law on the Horizon

BY: SANDY T. TUCKER On November 6, 2012, the voters of Virginia will have the opportunity to add an eminent domain amendment to the Constitution of Virginia. Virginia Attorney General Ken Cuccinelli has said that the amendment will have four specific results. First, it will include the right to private...

Duane Morris LLP: N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action

In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of foreclosure on the subject property, prior to the initiation of an eminent domain...

An Analysis of the Conflict in Chinese Property Law: Eminent Domain Powers versus Real Property Rights

This article, written by a partner at a Shanghai, China, law firm, covers eminent domain powers and real property rights in China. It discusses the public interest requirement in land-taking laws in China, the exercise of eminent domain powers in China, and the illegal taking of property rights and land...

Harvey Cedars v. Karan: Condemnation at the Shore and the Evolution of the Common Law

If you were a municipality that had to take action and condemn private property for the public good to avert disaster, before you got to court you would be particularly pleased to be able to say, "See, I told you so," pointing to an avoided calamity. When one New Jersey beachfront community...

Fourth Circuit Rejects Manipulation of Judicial Process As Ocean Manhandles Homes

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? Based on the Fourth Circuit's decision at the end of July in Sansotta v Town of Nags Head , [ enhanced version available to lexis...

Fenster on Land Use Exactions Takings & the Impact of the U.S. Supreme Court's Decision in Koontz v. St. Johns River Water Management District

By Professor Mark Fenster What will be the impact of the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District on the regulatory conditions called exactions common to land use regulation? Professor Mark Fenster analyzes the Court's decision, including the...