Posts tagged with: "▪-Inverse-condemnation"
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30 Jan 2015, 9:29 pm
Joe Murphy, Yoram Ben–Amram, and Galtex Development, LLC sued the City of Galveston claiming that the City unconstitutionally took their property without just compensation through inverse condemnation. [read post]
21 Sep 2010, 6:01 am
Source: http://www.nylj.comSubscription or Registration Required for Online Access:Appellate Division, Second DepartmentReal Property Property Owners' Inverse Condemnation Claim Over Telephone Equipemnt in Yard Revived Corsello v. [read post]
17 Mar 2013, 8:18 am
These cases are known as "de facto" or "inverse condemnations" and are difficult to prove. [read post]
19 Mar 2013, 4:09 am
"That you’re not protected from an inverse condemnation claim just because you aren’t the government": This refers to Pacific Bell Telephone Company v. [read post]
28 Aug 2012, 7:33 pm
By Matthew Hinks The Takings Clause of the Fifth Amendment to the United States Constitution provides that "private property [shall not] be taken for public use, without just compensation. [read post]
3 Mar 2015, 6:44 am
The Court of Appeals went through a lengthy discussion about the history of land condemnation law, and the fact that the State does have the power to take an individual’s property for the public good, and then pay the individual for the property. [read post]
30 Jan 2014, 8:15 pm
Quoting Hawaii lawyer Robert Thomas at the Inverse Condemnation blog: Next Thursday, February 6, 2014, we’ll be in Chicago to moderate an American Bar Association discussion/debate on a topic that’s not our usual takings-eminent domain-land use stuff, but is still one of the hotter topics around. [read post]
8 Jan 2008, 9:56 am
Inverse condemnation claims seeking compensation from the federal government in excess of $10,000 must be brought in the CFC. [read post]
15 Mar 2013, 12:07 pm
United States (inverse condemnation, unconstitutional taking) * U.S. [read post]
26 Sep 2011, 9:41 am
Norwalk (Motion for summary judgment; inverse condemnation; collateral estoppel; res judicata; "The defendant first contends that summary judgment is appropriate because the plaintiff’s inverse condemnation action is barred by the existence of a judgment in the related eminent domain proceeding. ...The defendant next claims that summary judgment is appropriate because the plaintiff’s inverse condemnation action is barred by the… [read post]
17 Aug 2021, 3:00 am
PREVIOUS UPDATE To read the April 2021 Real Estate Action News post, click here: https://blog.aklandlaw.com/2021/04/articles/takings-inverse-condemnation/april-monthly-real-estate-law-action-news/ UPDATE A. [read post]
17 Aug 2021, 3:00 am
PREVIOUS UPDATE To read the April 2021 Real Estate Action News post, click here: https://blog.aklandlaw.com/2021/04/articles/takings-inverse-condemnation/april-monthly-real-estate-law-action-news/ UPDATE A. [read post]
3 Feb 2015, 2:47 pm
If you’re interested in learning more about this particular issue, and how it can affect regulatory takings claims, assemblage theories, and damages in eminent domain and inverse condemnation actions, I will be presenting on this topic at the ALI-CLE Eminent Domain & Land Valuation Litigation Seminar later this week in San Francisco. [read post]
19 Feb 2008, 3:10 am
Court of Federal Claims (the article I court that hears inverse condemnation claims against the federal government) held that federal regulations which prohibited commercial fishing in waters around Palmyra Atoll and Kingman Reef did not take the plaintiffs' licenses for commercial fish processing facilities on the atoll. [read post]
4 Sep 2020, 4:35 pm
In a published opinion filed on August 17, 2020, the Third District Court of Appeal mostly affirmed the trial court’s judgment upholding Placer County’s partial abandonment of public easement rights in an emergency access/public transit road connecting two Lake Tahoe-area residential subdivisions; the County took the action to resolve disputes that had arisen after one subdivision’s residents began using the road as an all-purpose public road and short-cut through the other… [read post]
3 Apr 2012, 12:02 am
The New York held that Verizon has the power to take (aso it can be a defendant in an inverse condemnation case), and that its argument that attaching the box to the building was merely trespass "rests on an outmoded understanding of the relationship between inverse condemnation and trespass. [read post]
11 Mar 2008, 1:17 am
Here's another case involving property rights along the U.S. - Mexico border, but the issue is somewhat different than last week's US v. 1.04 Acres case. [read post]
7 Nov 2012, 3:02 pm
The Court also rejected the owner's inverse condemnation claim, explaining that general regulations restricting the use of property -- such as Caltrans' enforcement of the Outdoor Advertising Act --constitute an exercise of the police power for an authorized purpose and do not constitute takings. [read post]
22 Jun 2010, 9:47 am
However, equity demands that the property owners are not barred from bringing an inverse condemnation claim. [read post]
26 Aug 2013, 8:53 am
The only claims alleged against the State of California and Cal EPA were for inverse condemnation and declaratory relief. [read post]