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Archive | Partial Takings

October 19, 2023

THE PARTIAL TAKING

Condemning authorities do not always take an entire parcel in an eminent domain proceeding.  Indeed, in the Court of Claims, the majority of the appropriation claims are partial takings arising in the context of a highway project.  Partial takings may also occur in the context of takings for sewer lines, electrical transmission lines, or as is the subject of recent nationwide proposals, pipelines. As a general rule, the measure of damages in a partial-taking case is the difference between the fair market value of the whole property before the taking… read more

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Posted in Consequential Damages, Partial Takings, Severance Damages
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September 29, 2022

Will The Texas Bullet Train Ever Be Built?

We have written about the Texas Bullet Train several times in this blog, February 28, 2017, May 21, 2020 and October 8, 2020. The project, after a decade since it was announced, is still in limbo.  This is despite a June 2022 ruling by the Texas Supreme Court allowing the company to use eminent domain to acquire its right of way. The company is in complete disarray.  The CEO resigned and the Texas Central Board disbanded.  Land acquisition has stopped for the last two years. The high-speed train that promises… read more

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Posted in Eminent Domain, Partial Takings, Severance Damages, Texas Bullet Train
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November 2, 2021

Prior Takings as Creating Collateral Estoppel – Not So Fast!

What happens when property was condemned and the condemnor raises its ugly head to condemn again at a later time?  It happened once upon a time in Queens.  In 1979, the Metropolitan Transit Authority (MTA) acquired an easement for the purpose of routing a New York City Subway tunnel through a portion of 26-29 Northern Boulevard, Long Island City.  The parcel was vacant land and consisted of 130,293 square feet.  The property was owned by Peerless Weighing and Vending Machine Corp.  Now, a separate blog can be written about Peerless. … read more

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Posted in Collateral Estoppel, Highest and Best Use, Partial Takings
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June 21, 2021

The Keystone Pipeline is Dead

The keystone pipeline was an oil pipeline system in Canada and the United States commissioned in 2010 and owned by TC Energy it was to run from the Western Canadian Sedimentary Basin in Alberta to refineries in Illinois and Texas and also to Cushing Oklahoma. The pipeline had significant opposition from environmentalists. In 2015, it was temporarily delayed by President Barack Obama. On January 20,2021 President Donald Trump took executive action to move the project forward. On January 2021 President Joe Biden signed an executive order to revoke the permit…. read more

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Posted in Condemnation Procedures, Keystone Pipeline, Partial Takings
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February 16, 2021

The “Big Beautiful Wall” and Its Ugly Damages

President Biden ordered a freeze on further wall construction and acquisitions until his administration can sort things out.  The Trump administration rushed through its fence wall building program by utilizing a section of the Real ID Act of 2005 that empowers the head of the Department of Homeland Security “to waive legal requirements” the Secretary “determines necessary to ensure expeditious construction of the barriers and roads” at the border.  That allowed the former administration to suspend 84 separate laws and regulations and proceed without considering the damage it was causing… read more

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Posted in Border Wall, Consequential Damages, Direct Damages, Partial Takings
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