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Updates from Current Issue

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  • Eminent Domain: Buyer Aware Of Adverse Interest Can’t Be Innocent Purchaser


    Monday, May 13, 2013

    Facts: In 2003, the City of Edinburg, Texas condemned land in Hidalgo County to build a drainage ditch. The special commissioners awarded the owner, Herschel White, $207,249 in just compensation. In their report, the special commissioners characterized the interest as a "right-of-way" but also incorporated by reference the City’s original petition [...] Read More

     

     

  • Condemnation: Indiana Property Owners Entitled To Jury Trial To Determine Just Compensation


    Monday, May 13, 2013

    Facts: In 2002, the City of Fort Wayne, Indiana condemned a water and sewer system owned by Aqua Indiana, Utility Center, Inc. (Aqua Indiana). In 2004, the City’s Board of Public Works assessed damages of $14.76 million pursuant to an Indiana eminent domain statute for cities and towns. Aqua Indiana challenged the assessment, and though it [...] Read More

     

     

  • Utilities/Energy: Threat To Remove Natural Gas Lines Gave Rise To Federal Jurisdiction


    Monday, May 13, 2013

    Facts: Laclede Gas Company (Laclede) provides natural gas service to the St. Louis area of Missouri. It shares non-exclusive easements with St. Charles County, Missouri; Laclede maintains gas lines within the easements that run along two roads in the county. In 2007, the County asked Laclede to relocate those gas lines so that it could complete [...] Read More

     

     

  • Zoning: Elementary School Can Build Four-Acre Solar Energy Field


    Monday, May 13, 2013

    Facts: The Northampton Area School District owns 19 acres of land in Lehigh Township, Pennsylvania, and it wanted to install a solar energy field, consisting of 7,000 solar panels, on four acres of that land to help power an elementary school. The School District applied to the Lehigh Township Zoning Hearing Board (ZHB) for approval to install [...] Read More

     

     

  • Resource Management: Mineral Leasing Act Requires Only The Decision To Issue Lease--Not The Actual Lease -- Within 60 Days, Says Trial Court


    Tuesday, April 30, 2013

    Facts: Eight energy companies sought to force the Bureau of Land Management (BLM) to issue 118 pending oil and gas leases that the energy companies had paid for. Under the Mineral Leasing Act, energy companies can bid on oil and gas leases. The BLM then sells the leases to the high bidders. The Mineral Leasing Act requires the BLM to issue the leases &ldquo [...] Read More

     

     

  • Nuisance: Per Balancing Test, Electromagnetic Fields Are Not A Nuisance


    Tuesday, April 30, 2013

    Facts: Homeowners in the City of Kirkland, Washington sued Puget Sound Energy, Inc. (PSE) over the electromagnetic fields emanating from an electrical substation. PSE built the original substation in 1960, and its single transformer supplied power to the homeowners’ neighborhood. Then, to meet growing demand, PSE sought to replace the original substation [...] Read More

     

     

  • Inverse Condemnation: Right Of Reentry Is A Compensable Property Interest


    Tuesday, April 30, 2013

    Facts: El Dorado Land Company (El Dorado) sued the City of McKinney, Texas for inverse condemnation after the city built a library on property that El Dorado alleged it had a reversionary interest in. In 1999, El Dorado sold the property to the city by special warranty deed. The deed stated that the conveyance was “subject to the requirement [...] Read More

     

     

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