Posts tagged with: "▪-Inverse-condemnation"
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1 Dec 2011, 12:01 am
More analysis of the case from Gideon Kanner (Inverse Condemnation Comes to Wall Street) and Ilya Somin (Takings Issues in the AIG Bailout Litigation). [read post]
29 Nov 2011, 6:50 am
UK: “Premiums to soar as accident claims lawyers push up cost of motor insurance, MPs hear” [Telegraph] John Stossel on death by FDA [Reason] Disapproving stance on e-cigarettes might cost lives [Balko] Company abandons pioneering stem-cell research after running up $45 million in costs to win FDA approval of initial safety tests [Technology Review] NYT can be obtuse about regulatory costs [Cowen] No, we’re not allowed to let you out of the van to relieve the call of nature [Ted… [read post]
28 Nov 2011, 10:10 am
In the flooding scenario noted above, the plaintiff also pled an inverse condemnation cause of action. [read post]
23 Nov 2011, 9:28 am
The inverse condemnation concept leaves a number of unanswered questions. [read post]
22 Nov 2011, 8:20 am
Condemnation is the process whereby the government initiates lawful proceedings for the taking of private property. [read post]
9 Nov 2011, 8:48 am
If a property owner is authorized to file an inverse condemnation claim on the basis of the exactions theory any time regulatory negotiations are not successful and a permit is denied, two undesirable outcomes inevitably ensue. [read post]
7 Nov 2011, 10:57 am
Commissioner of Environmental Protection (Inverse condemantion; "The plaintiff’s sole claim on appeal is that because lots 11A, 14 and 27 are not contaminated, the enforcement of the order with regard to those lots amounts to inverse condemnation and that the trial court improperly found to the contrary. [read post]
28 Oct 2011, 12:13 am
Next, Dan Siegel noted the sharp decline in the number of regulatory takings/inverse condemnation cases heard by the Supreme Court since the mid-1980's. [read post]
26 Oct 2011, 12:38 pm
West Long Branch Zoning Board of Adjustment (A-0787-10T1) In a rare example of a case meeting the stringent standard for inverse condemnation, the Appellate Division, in a ruling issued October 25, 2011, reversed the trial court and found the circumstances of that case constituted a taking in Ciaglia v. [read post]
25 Oct 2011, 11:21 am
The vast majority of his over twenty years of experience has been almost exclusively in eminent domain, inverse condemnation and appellate litigation. [read post]
24 Oct 2011, 1:01 pm
Meierhenry has tried over 250 cases, both criminal and civil, in South Dakota’s state and federal courts, including 20 eminent domain and inverse condemnation cases. [read post]
24 Oct 2011, 9:06 am
The Takings Issues The Plaintiffs’ essentially raised three legal bases for their contention that the County was unlawfully “taking” legal property interests: (1) the County violated Article 5 of the United States Constitution, which prohibits the taking of private property for public use, without just compensation; (2) the County’s action constituted an act of inverse condemnation; and (3) the County’s action constituted a violation of 42 U.S.C. [read post]
5 Oct 2011, 6:40 am
Accordingly, an inverse condemnation action has been aptly described as an eminent domain proceeding initiated by the property owner rather than the condemner. [read post]
30 Sep 2011, 11:17 am
Justice Dalveer BhandariSupreme Court of IndiaThe Supreme Court in State of Haryana v. [read post]
26 Sep 2011, 3:27 pm
The court dismissed the issue of the 2003 taking because the road that brought the debris and settlement was still in its natural state and never maintained by the county, and therefore it was not a “public improvement” for purposes of inverse condemnation. [read post]
26 Sep 2011, 10:25 am
In the flooding scenario noted above, the plaintiff also pled an inverse condemnation cause of action. [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]
24 Sep 2011, 3:58 am
Decisions of interest involving Government and Administrative Law Source: Justia September 23, 2011 Gonzalez-Droz v. [read post]
15 Sep 2011, 7:29 am
The end result in AT&T Mobility is somewhat the inverse – forcing consumers who wanted class arbitration into small claims arbitration. [read post]
12 Sep 2011, 12:58 pm
Inverse condemnation actions were filed because of a proposed inappropriate eminent domain proceeding. [read post]
