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Eversheds Sutherland (US) LLP | USA | 7 Mar 2023
Prior-Precedent Rule Dictates Result in Condemnation Action
In Sabal Trail Transmission, LLC v. 18.27 Acres of Land, 59 F.4th 1158 (11th Cir. 2023), the court applied its prior-precedent rule and held that…
Jones Day | USA | 8 Nov 2018
High Court to Tackle Whether Government Can Petition PTAB
On October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. United States Postal Service, et al. (17-1594) to address whether…
McCann FitzGerald LLP | Ireland | 24 Sep 2018
Report on Taxation of Vacant Residential Property Published
Under the Finance Act 2017 the Minister for Finance was tasked with commissioning a report on the taxation of vacant residential properties. The…
Nossaman LLP | USA | 17 Sep 2018
Another regulatory takings case gets lost in the procedural maze
For those of you who have followed Nossaman’s eminent domain blog since the very early days, you’ll recall our coverage of a significant regulatory…
Holding Redlich | Australia | 17 Jul 2018
When compensation for land acquisition gets complicated
When a public acquisition overlay is applied to land, the Planning and Environment Act 1987 gives the owner of the land rights to seek compensation…
Jones Day | USA | 11 Jul 2018
Is the Government a “Person” Who May Institute PTAB Trials?
The America Invents Act (“AIA”) provides that a “[a] person may not file a petition for [covered business method review] unless the person or the…
Modrall Sperling | USA | 4 Jul 2018
Supreme Court Declines Review of Tenth Circuit Case Holding Tribal Acquisition of an Interest in an Allotment Defeats Eminent Domain Authority
The Supreme Court recently denied a petition to review the Tenth Circuit’s opinion in Public Service Company of New Mexico v. Barboan. The Tenth…
Banner Witcoff | USA | 25 Jun 2018
"You Took My Patent in IPR! Now You Owe Me!" ... Don't Take Out Your Wallet Just Yet
Inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB), without juries or federal judges, are constitutional, as in the case Oil…
Nossaman LLP | USA | 29 May 2018
New Eminent Domain Opinion Discusses Admissibility Rules for Valuation Witnesses
One of the unique things about eminent domain cases is that a set of specific procedural rules govern the admissibility of valuation evidence at trial…
Nossaman LLP | USA | 1 May 2018
FERC to Consider Adjustments to Use of Eminent Domain for Gas Pipelines
The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Inquiry seeking input on whether to adjust its policies and procedures for…
