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What you need to know about Ohio’s response to Kelo

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • August 1 2007

In the United States, the power of eminent domain the government’s right to take private property for public use upon reasonable payment to the property’s owner has always operated within strict parameters

New Jersey Supreme Court limits application of blight designation in ongoing national debate over eminent domain

  • Duane Morris LLP
  • -
  • USA
  • -
  • June 22 2007

In a potential blow to municipalities seeking to redevelop "underutilized" properties, the New Jersey Supreme Court has held that a municipality's designation of a property as blighted and subject to the municipality's power of eminent domain based solely upon a finding that the property is not being utilized in a fully productive manner (i.e., "not fully productive use"), without producing evidence that the condition was due to conditions of title or diversity of ownership, is invalid

Nevada joins national trend in responding to Kelo decision on eminent domain

  • Duane Morris LLP
  • -
  • USA
  • -
  • June 28 2007

On May 23, 2007, Nevada Governor Jim Gibbons signed into law Assembly Bill No. 102 ("AB102"), a reform measure seeking to curb perceived abuses of the power of eminent domain in response to the U.S. Supreme Court's Kelo decision

Religious institutions update: January 2013

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 4 2013

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc et seq. (RLUIPA), in recognition that "new, small, or

DC Circuit, applying Supreme Court's decision in Safeco to False Claims Act, finds lack of "reckless disregard" in FCA allegations based on ambiguous government requirements

  • Fried Frank Harris Shriver & Jacobson LLP
  • -
  • USA
  • -
  • July 9 2008

In a decision issued yesterday, the US Court of Appeals for the DC Circuit affirmed the dismissal of FCA allegations that were premised on what the court found to be ambiguous requirements in mortgage notes that were the basis of Federal claims, relying on the Supreme Court's decision in Safeco and specifically applying that case to define "reckless disregard" under the False Claims Act

What the courts are saying...

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • November 16 2009

Our first case for the month of November comes from the Court of Appeals for Ohio, Ninth Appellate District

Silence is golden for local development agency

  • Holland & Knight LLP
  • -
  • USA
  • -
  • April 2 2010

Local government has to let you in the door, but they don't have to let you speak, according to a Florida appeals court's interpretation of the state open meetings law

Defending against governmental actions using equitable estoppel

  • Briggs and Morgan
  • -
  • USA
  • -
  • October 18 2010

The Supreme Court has recently granted review to decide the availability of a defense of equitable estoppel against a governmental body

Special assessments may be possible for master planned improvements

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • June 17 2010

The California Court of Appeal recently took a slightly more lenient stance on the use of special assessments to pay for improvements that have a less easily measurable impact

Acceptable zoning criterion allows village to exclude religious assembly

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • July 15 2010

The Village of Hazel Crest refused to allow the River of Life Kingdom Ministries ("Ministries") to locate its church in a commercial area of the village