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Condemnation

Borough of Harvey Cedars v. Karan

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and...

Golden Gate Land Holdings, LLC v. East Bay Regional Park District

A California appellate court affirmed a lower court decision allowing a park district to go forward with its condemnation action to help complete a shoreline park and trail but ordering the district to prepare an environmental impact...

The Public Use Requirement and Doctrinal Renewal

For a generation, our view of the scope of government's eminent domain power has been framed by three cases, Berman v. Parker, Hawaii Housing Authority v. Midkiff, and Poletown Neighborhood Council v. City of Detroit.

In Berman,...

Borough of Paulsboro v. Essex Chemical Co.

A New Jersey appellate court held that a town that acquired property containing a former landfill in an eminent domain action cannot require part of the condemnation award to be set aside for remediation purposes. The state's highest...

United States v. 32.42 Acres of Land

The Ninth Circuit held that the United States can extinguish California's public trust rights when exercising its federal power of eminent domain. The case involves 32.42 acres of land that the U.S. Navy has continuously leased from...

Taking Land: Compulsory Purchase and Regulation of Land in Asian-Pacific Countries

The government use of compulsory purchase and land use control powers appears to be increasing worldwide as competition for useable and livable space increases. The need for large and relatively undeveloped space for agriculture and...

Whitehead v. Allied Signal, Inc.

The court holds that a property owner cannot maintain an action for forcible ejectment against a company that was ordered to acquire the property owner's land as part of a Comprehensive Environmental Response, Compensation, and...

United States v. Keller

The court affirms the denial of landowners' untimely demand for a jury trial on the issue of just compensation in a condemnation proceeding initiated by the United States. The United States was attempting to obtain 42 acres of the...

United States v. 17.83 Acres of Land

The court holds that owners of property atop South Mountain in Washington County, Maryland, were not entitled to an increase in the amount awarded them in a condemnation proceeding. The property owners contend that the district court...