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July 18, 2014

Second Circuit Applies Williamson County to Physical Takings

The Second Circuit applied the Williamson County Regional Planning Comm. v. Hamilton Bank Johnson City, 473 US 172 (1985) rule to a case involving an actual physical taking. The rule had been applied previously to claims involving regulatory takings. The Supreme Court held that a plaintiff must first obtain a final decision and exhaust all state remedies before suing in Federal Court. In Kurtz v Verizon New York, Docket No 13-3900 CV, the Second Circuit ruled by decision dated July 16, 2014, that even in a physical taking, property owners… read more

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June 27, 2014

New York City to the Rescue- Council Members Seek to Use Eminent Domain to Condemn Underwater Mortgages

At a press conference on the steps of City Hall, City Council members and housing advocacy groups called on the Mayor to help homeowners who are at risk of foreclosure. Such help would come in the form of using eminent domain to “buy back mortgages where homeowners owe more than their houses are worth.” According to a CBS report on June 25, 2014, “under the proposed plan, City government would purchase the mortgages from banks and refinance them to match the home’s value to prevent foreclosure.” According to the report,… read more

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December 30, 2013

Reminder: ALI CLE Eminent Domain and Land Valuation Litigation Course of Study

We would like to remind you to reserve Thursday-Saturday, January 23-25, 2014, to attend the 31st annual presentation of the advanced-level ALI CLE Course of Study, Eminent Domain and Land Valuation Litigation; or the ninth annual presentation of the basic-level ALI CLE Course of Study, Condemnation 101: How to Prepare and Present an Eminent Domain Case, both at the Hotel Monteleone in New Orleans. Both courses are also offered via live webcast, available either in their entirety or in segments. As co-program director Joseph T. Waldo, Esq. stated: Practitioners in… read more

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