Tag Archives: Just Compensation

Property Owner’s Spot Zoning Challenge Unsuccessful, But Regulatory Taking Still Possible

When a local government agency impermissibly “spot zones” a property, thereby depriving it of all economically beneficial uses, can the property owner seek to invalidate that zoning decision, or is the owner left with a claim for damages under the theory of a regulatory taking? In a recent published California district court decision,… Continue Reading

The Continuing Effort to Define the Line Between Court and Jury Roles in Eminent Domain

Eminent domain attorneys struggle with a concept foreign to most civil litigators:  figuring out the roles of the judge and jury.  Even most non-attorneys know the basic rule of trial:  the jury is the "fact-finder."  But in eminent domain cases, things are a bit different.  The jury still acts as fact-finder, but only in one … Continue Reading

Sonoma County Settles Eminent Domain Lawsuit on Eve of Trial

The Press Democrat is reporting that Sonoma County has agreed to pay $815,000 to acquire by eminent domain a family’s 6.5-acre property next to the Charles M. Schulz airport for a runway extension project, settling the contentious case on the eve of trial.  According to the article, Landowners, Sonoma County settle airport expansion lawsuit, the County valued … Continue Reading

Do Mineral Rights Have Value in Eminent Domain?

When eminent domain attorneys think of just compensation in the context of an eminent domain case, we’re typically thinking about the value of what we can see:  the dirt itself; and anything built on that dirt.  But every so often, a property’s real value lies not in what is on the surface, but what sits … Continue Reading

Response to Professor Kanner About Avatar

Yesterday, Professor Gideon Kanner, a well-known eminent domain scholar, wrote a critique of my post about Avatar on his "Gideon’s Trumpet" blog.  It is an interesting response, in that it spans two full pages of printed text, and his fundamental point seems to be that he agrees with my premise that Avatar is not a film about eminent … Continue Reading

Further Evidence that Stimulus Dollars May Drive Eminent Domain Growth — But is That a Bad Thing?

The public outcry over eminent domain continues.  Claims of "eminent domain abuse" fill today’s popular media; a January 21 article by Steve Cook, Eminent Domain is Alive and Well, claims 2 in 3 Americans oppose eminent domain.  What so often gets lost in the shuffle is that most of the outrage focuses on a narrow aspect of eminent … Continue Reading
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