Articles

FERC Grants Lakeside Homeowners Reprieve—Uncertainty Lingers

By David Weder

FERC grants lakeside homeowners a reprieve from order for removal of homes from Lake of the Ozarks, avoids regulatory taking issues . . . for now.

The Intersection of Eminent Domain and Environmental Contamination

By Orell Anderson, Jerry English, Keith Mccullough, John Schepisi, and Stephen Valdez

One of the most problematic issues in the area of eminent domain has to do with environmental contamination, either real or perceived, found during expropriation.

Right of Way Changes Without a Physical Taking: Relevant Cases

By Casey Pipes and John R. Hamilton

The authors of "Claims for Right-of-Way Changes Without a Physical Taking" share cases relevant to the topic.

Claims for Right-of-Way Changes Without a Physical Taking

By Casey Pipes and John R. Hamilton

When an agency makes changes within its right of way without a physical taking, but damages the abutting property, there may be an actionable inverse-condemnation claim.

Recovering Business Goodwill in Condemnation Cases

By Anthony F. Della Pelle and Cory K. Kestner

Business owners claiming loss of business goodwill must establish a legal and factual foundation, but that can be well supported by existing caselaw.

Inverse Condemnation: An Update from Around the United States

By Jennifer Franks

In recent years, inverse-condemnation law has continued to develop in major decisions across the country. Several of those cases are discussed here.

Partial Takings and the Contingent "Cost-to-Cure"

By Michael J. McCalley

State agencies are looking for ways to save. One way to reduce damages in a partial-condemnation case is the possibility of a "cure."

The Case for Recovery of Business Loss in the Taking of Real Property

By Christian Torgrimson and Angela Robinson

Recent decades have seen a trend of states recognizing business loss as an element of just compensation, both legislatively and judicially.

Constitutional Limitations to Quick Take (Sapero v. Baltimore)

By William J. Chen Jr.

In Sapero the court focused on the statutory requirement of a showing of immediate necessity for condemnations via quick-take.