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Court Decision Serves as Important Reminder on Crafting Lease Condemnation Provisions

When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding.  As a result, many times the condemnation provision in the lease is given little thought.  But when a condemnation action does arise, that provision becomes critically important for purposes of determining how the eminent domain … Continue Reading

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act (ESA) jurisprudence.  (See Raisin ruling seen as lifeline for endangered species, published by Greenwire on August 19, 2015).  In Horne, the U.S. Supreme Court held, in … Continue Reading

There is Still No Private Right of Condemnation (Generally)

Most people understand the basic concept of eminent domain: the government takes someone’s private property and pays the owner “just compensation” for the taking.  Sometimes, however, the government “takes” (or “damages”) private property without filing an eminent domain action.  These situations end up as “inverse condemnation” cases, where the property owner sues the government for … Continue Reading