Author: Timothy P. Duggan
“Render Unto Caesar What is Caesar’s, But No More” Money Grab by County Taxing Authority Held Unconstitutional
Posted in Condemnation & Eminent Domain, Real Estate
On May 25, 2023, the United States Supreme Court issued a unanimous decision in Tyler v. Hennepin County ruling in favor of a 94-year-old property owner from Minnesota who refused to accept the government’s alleged right to sell her home for unpaid real estate taxes and keep the excess proceeds… Continue reading
Infrastructure Spending’s Impact On Franchise Sites
Posted in Condemnation & Eminent Domain, Franchise
Over the next five years, the federal government expects to spend over a trillion dollars on a wide range of infrastructure projects, including road widenings, bridge repairs, and upgrading mass transit and the power grid (to name a few). Some projects will require the government to exercise its power of… Continue reading
Infrastructure Spending’s Impact on Retail and Commercial Sites
Posted in Business & Commercial Law
The federal government is expected to pass a large infrastructure spending bill in 2021 to fund road and bridge improvement projects. Retail property owners need to keep a careful eye on the construction plans for these projects since they often involve modifying highway access and installing sidewalks. These design changes… Continue reading
Property Owners to Continue Fight After Setback From United States Supreme Court
Posted in Condemnation & Eminent Domain
In a 5 to 4 decision, the United States Supreme Court ruled that PennEast Pipeline (“PennEast”) can use the power of eminent domain to take property rights from the State of New Jersey. The case in question involves a 113-mile natural gas pipeline project proposed by PennEast that requires the company… Continue reading
