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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

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

Recent decisions of interest
  • Squire Patton Boggs
  • USA
  • September 9 2008

Tax Commissioner may not exempt property from taxation unless the exempt use began by the tax lien date (January 1) of the year for which the exemption is sought

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

Arizona Supreme Court clarifies ‘Gift Clause' limits on public payments to private parties
  • Greenberg Traurig LLP
  • USA
  • February 3 2010

On January 25, 2010, the Arizona Supreme Court issued its decision in Turken v. Gordon, et al, Ariz. S. Ct. No. CV-09-0042-PR, addressing the limits imposed by the Arizona Constitution’s “Gift Clause” on public payments to private parties

Richmond casino case: how early is too early for CEQA?
  • Morrison & Foerster LLP
  • USA
  • March 15 2010

In Parchester Village Neighborhood Council v. City of Richmond, the California Court of Appeal recently held that the City of Richmond’s decision to enter into a Municipal Services Agreement (MSA) with a Native American tribe did not constitute a “project” requiring California Environmental Quality Act (CEQA) review, even though the agreement effectively committed the City to a particular course of action

Upholding rights and freedoms, both traditional and novel
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • July 19 2011

Yesterday was Bastille Day

Equal protection claim fails without similarly situated class
  • Kelley Drye & Warren LLP
  • USA
  • July 20 2011

The mostly African-American residents of a Merrillville, Indiana subdivision were unhappy with their retention pond

Massachusetts Supreme Judicial Court seeks amicus briefs on pivotal Dover Amendment case
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 21 2011

The “Dover Amendment” is under examination, and parties affected by that statuteincluding educational and religious institutions, contractors and developers, and local zoning boardshave been invited to help the Court interpret its scope