Posts tagged with: "▪-Inverse-condemnation"
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5 Oct 2023, 1:28 am
Jim’s career highlights include participating in a statewide working group and negotiating group to resolve issues relating to distribution of funds from opioid litigation settlements; successfully resolving an Americans with Disabilities lawsuit against an aging correctional facility; advising on the formation of a Geological Hazard Abatement District which also included a FEMA property acquisition component; and participating in a trial team successfully defending a city against claims of… [read post]
8 Jun 2018, 11:34 am
The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. [read post]
1 Sep 2011, 7:59 pm
The Ninth Circuit reached this conclusion even though it recognized that California does not offer a remedy of inverse condemnation to plaintiffs like Petitioner, who assert a violation of their Fifth Amendment rights through the application of a confiscatory rent control ordinance. [read post]
20 Nov 2019, 1:25 pm
The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. [read post]
12 Aug 2015, 10:41 pm
Because of this, the court held that the owners did not allege a taking arising out of city board of adjustment decision requiring removal of billboard pursuant to city zoning ordinance and, therefore, the city retained immunity from inverse condemnation claim. [read post]
9 Jun 2017, 11:58 am
The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. [read post]
23 Aug 2008, 12:28 am
App. 1993) (4.3 million gallon municipal water storage tank that "loomed" in plaintiff's view was not a nuisance or a trespass or a case of inverse condemnation. [read post]
17 Aug 2023, 7:00 am
The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. [read post]
3 Feb 2010, 3:47 pm
Eminent domain law tends to downplay the importance of procedure itself for government actions, often allowing states to proceed without regard to procedural due process as long as the victims of takings can bring inverse condemnation actions after the fact. [read post]
6 Oct 2016, 2:52 pm
The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. [read post]
1 Oct 2020, 7:45 am
The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. [read post]
1 Feb 2011, 12:05 am
Cox, No. 4D09-979 (Jan. 26, 2011) in which a Florida District Court of Appeal concluded that the government was not entitled to recoup attorneys fees in an inverse condemnation case it lost. [read post]
16 Dec 2020, 3:00 am
The Court was unconvinced and held that the eminent domain statutes do not apply in inverse condemnation cases. [read post]
1 Dec 2020, 3:00 am
The Court was unconvinced and held that the eminent domain statutes do not apply in inverse condemnation cases. [read post]
6 Jun 2018, 7:15 am
In a post describing his own amicus brief in the case, prominent takings litigator Robert Thomas, notes that "the average property owner simply cannot fathom why—if a state or local government has taken property in violation of the Fifth Amendment—he cannot bring a takings claim in federal court until he has first pursued and lost an inverse condemnation claim in state court. [read post]
4 Sep 2014, 7:37 am
There will also be topics on regulatory takings, eminent domain, and inverse condemnation, and with my colleagues Rick Rayl and Jeff Stava, we will be providing an update on the status of redevelopment in California and what the future holds. [read post]
3 Nov 2017, 1:37 pm
§ 1983 for alleged inverse condemnation and violation of equal protection in addition to a state law claim for breach of the covenant of good faith and fair dealing arising from a “through-the-fence” access agreement. [read post]
21 Nov 2013, 8:43 am
Leaving aside: (1) the difficulty of maintaining a case for inverse condemnation, or “taking” by one public entity against another where the express language of the Fifth Amendment provides that “private property [shall not] be taken for public use without just compensation,” see, e.g., Complaint, ¶ 106 [emphasis added]; and (2) the hurdle of obtaining declaratory and injunctive relief as a remedy for unconstitutional taking, where the law is… [read post]
11 Jun 2013, 9:43 am
By Claudia Gutierrez In MHC Limited Financing v. [read post]
7 Oct 2019, 2:00 am
Most homeowners are surprised to learn that almost all homeowners’ policies include exclusions for damage caused by sewage water originating outside their home. [read post]