Legal Trend. Clear Public Necessity.

The Court: New Jersey Supreme Court

The eminent domain: Taking a personal residence by the  Casino Reinvestment Development Authority

The Court Ruling: There is no public use, and no legislative authorization, because the special district didn’t have a clear plan

Washington Post | Court strikes down taking that is “a manifest abuse of the eminent domain power”

Eminent Domain. City Acquires Water Utility. City Alleges Bad Faith.

Which city sought to aquire by eminent domain a water utility? Missoula, Montana

Who does the city allege acted in bad faith? The Carlyle Group

Where did the Courts fall on eminent domain? Montana Courts sided with Missoula to allow eminent domain against the water utility

What bad faith actions does the city allege against the Water Utility & its holding company?

  • fraud
  • negligent misrepresentation
  • deceit
  • breach of fiduciary duty
  • deceptive and unfair acts and practices
  • civil…

Eminent Domain Case of the Year in Texas: The Elbow Room at Texas A&M

The key issue: Business owners, who do not own the business’s property, may be forced into move 

The eminent domain issue: Texas does not recognize a comepnsable value for a tenant business

Do other states compensate a tenant? Yes, look at California

The property in dispute & the project: A new dental school facility at Texas A&M may require that the university acquire the property occuppied by the Elbow Room

Does this sound familiar, a popular establishment near a university facing…

Legal Trend. Major State Supreme Court. Compensation for Study and Assessment of Land.

The State: California

The win: Landowners who sought compensation for extensive geological and environmental testing that included:

  • multiple days of precondemantion access to land
  • over a two-year period
  • with the removal of soil borings to 150 and 300 feet

The public works project: A water tunnel under the Bay Delta as part of a new water delivery system

Matteoni, O’Laughlin & Hechtman | California Supreme Court Issues Major Ruling Regarding Landowner Compensation For Those…

Lawsuit Challenges Constitutionality of Texas Eminent Domain Process.

Which eminent domain legal fight turned constitutional? The Trans Pecos Pipeline

Why do landowners believe Texas eminent domain laws are unconstitutional under the federal constitution? Because property is deprived before due process in that land is taken before the legal issues are resolved

The potential impact of this litigation? A ruling for the landowner impacts all eminent domain processes in Texas. Potentially stopping the ability for comdemning entities to build while litigation…

Legal Trend: Appeals Court denies Eminent Domain Authority to Pipeline. The 3 Private Property Rights Arguments.

Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court

What argument is made to deny eminent domain authority to the pipeline? 

  • The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
  • Plus, the pipeline is interstate
    • so it can’t be regulated by the state
    • and, there is no interstate eminent domain…