Posts tagged with: "▪-Inverse-condemnation"
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10 Apr 2012, 4:36 pm
Matt writes: Even more problematic is the holding in the syllabus, that since Blanchester did not have the authority to condemn property outside of village limits, the remedy sought, an order from the court that Blanchester file an eminent domain action against Clifton to pay for the damage to his property (the only remedy for inverse condemnation under Ohio law), was insufficient and therefore, the Plaintiff further had no standing to file suit. [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]
14 Mar 2012, 3:01 am
City of San Antonio, No. 11-0104: "The city built a water project that affected the use of Kopplow’s property, and after being sued for inverse condemnation, the city decided to sue to condemn the land outright. [read post]
13 Mar 2012, 11:11 pm
United States, 552 F.3d 1373, 1379 (Fed.Cir.2009) (analyzing inverse condemnation as a taking theory); government-agent taking by Chrysler, whereby the United States takes private property through agents, see Lion Raisins, 416 F.3d at 1363 (“[W]hen separate corporate entities act for the United States, the United States is liable for their takings. [read post]
13 Mar 2012, 9:46 am
Jones filed an inverse condemnation action shortly thereafter, including a claim for unreasonable pre-condemnation conduct. [read post]
12 Mar 2012, 12:20 pm
The city built a water project that affected the use of Kopplow's property, and after being sued for inverse condemnation, the city decided to sue to condemn the land outright. [read post]
8 Mar 2012, 3:23 pm
I noted there that the trial court conducted its proceedings in two phases: the writ of mandate phase and the damages trial on the inverse condemnation claim. [read post]
8 Mar 2012, 2:38 pm
Res judicata did not bar circuit court’s review of inverse condemnation claim - via the Michigan Township Law Blog. [read post]
7 Mar 2012, 5:01 pm
By Matthew Hinks In most instances, causes of action for inverse condemnation and regulatory takings in California are governed by the 5-year statute of limitations of Civil Procedure Code §§ 318 and 319. [read post]
2 Mar 2012, 12:21 am
Here's today's second decision about attorneys fees and costs, this time in an inverse condemnation claim out of the Federal Circuit, Bywaters v. [read post]
29 Feb 2012, 3:34 pm
Rptr. 831 (1985) (inverse condemnation includes damages from fire). [read post]
24 Feb 2012, 12:28 pm
Most water districts have very limited budgets and so will be reluctant to fight landowners' inverse condemnation suits. [read post]
19 Feb 2012, 6:19 am
These cases are known as “de facto” or inverse condemnations and are difficult to prove. [read post]
16 Feb 2012, 12:01 am
The owner did so, and brought a state law inverse condemnation claim in a Pennsylvania court. [read post]
9 Feb 2012, 12:52 pm
The fact that Appellants’ exclusive remedy is under the Wyoming Eminent Domain Act reinforced the Court’s conclusion that Appellants have no viable cause of action against the City under the Wyoming Governmental Claims Act.As to the second issue, the Court found the claims asserting violations of constitutional rights to be without merit because, despite the dismissal of their claim under the Wyoming Governmental Claims Act, they still have access to the courts to pursue their… [read post]
6 Feb 2012, 3:26 pm
It is true that this case differs nominally from the typical case of “inverse condemnation,” i.e., a taking by government of all economically viable use of a property by regulation without just compensation, Tahoe Sierra Preservation Council, Inc. v. [read post]
31 Jan 2012, 8:46 pm
Here are some highlights: The court's discussion of inverse condemnation, beginning on page 6. [read post]
27 Jan 2012, 4:55 pm
2 Norfolk shopkeepers file inverse #condemnation suits against city http://t.co/cy9HigiJ via @InsideBusiness #VirginiaLaw # Dept of Veterans Affairs enacts changes to VA Loans-Unpaid taxes, HOA dues and insurance can be rolled into VA mortgage http://t.co/MstIArLi # Happy #FF @meebpc @coloradohoagal @PCAM_Las_Vegas @FourPointsMgmt @Associa @CondaHOALaw @ColoradoHOAGal @wizardcpu # #Nike boss #PhilKnight breaks down in tears after [...] [read post]
25 Jan 2012, 3:18 pm
Of the seven published decisions, six were inverse condemnation cases. [read post]
25 Jan 2012, 1:44 pm
" Since an inverse condemnation claim seeks compensation for the legal equivalent of an affirmative exercise of eminent domain (which is forced acquisition of property from an unwilling private owner) it seems odd that the property owner has control of how long the government may occupy the property, something that is plainly lacking in "permanent" exercises of eminent domain. [read post]
