Inverse Condemnation Law
 
ONEOK Gas Storage, LLC v. Sandra J. Pope

ONEOK Gas Storage, LLC sued Sandra J. Pope, as Trustee of the Lewis C. Pope and Sandra J. Pope Joint Living Trust on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owned by Defendants for underground gas storage in Logan County under Defendant's property.

The commissioners appointed by the Court awarded Defendant $66,201.25.

More...   $66000 (07-14-2011 - OK)

William Carlo Jachetta v. United States of America

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM”) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f

More...   $0 (08-01-2011 - AK)

Marion Energy, Inc. v. KFJ Ranch Partnership

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits

More...   $0 (07-12-2011 - UT)

Jason A. Inman v. St. Paul Fire & Marine Insurance Company

Jason and Jennifer Inman (“the Inmans”)1 appeal the judgment of the trial court sustaining St. Paul Fire & Marine Insurance Company’s (“St. Paul”) motion for summary judgment. We affirm the judgment of the trial court.

Facts and Procedural History

Because this case is the culmination of two separate lawsuits, an explanation of the underlying lawsuit is necessary in understa

More...   $0 (06-29-2011 - MO)

David McNeill v. City of Kansas City

David McNeill sued the City of Kansas City on an inverse condemnation theory claiming that a building that he bought in 2008 for $16,000 was demolished by the without notice and opportunity to correct problems with the property. Plaintiff has been advised by the City that he needed to remedy deficiencies and had agreed to do so.

More...   $150000 (07-15-2011 - MO)

Electronic Privacy Information Center v. United States Department of Homeland Security

The Electronic Privacy Information Center (EPIC) and two individuals petition for review of a decision by the Transportation Security Administration to screen airline passengers by using advanced imaging technology instead of magnetometers. They argue this use of AIT violates various federal statutes and the Fourth Amendment to the Constitution of the United States and, in any event, should have b

More...   $0 (07-15-2011 - DC)

Harvey Edwards v. City of Jonesboro

Harvey Edwards sued the City of Jonesboro, its mayor, and the members of its city council, alleging that methane gas from a city landfill invaded a tract of land owned by Edwards and so reduced its value as to amount to a taking of the property by the City. He sought just compensation under the Fifth and Fourteenth Amendments, other compensatory damages, punitive damages, and injunctive relief.

More...   $0 (07-14-2011 - AR)

Pamela Olson v. AT&T Corp.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is, therefore, submitted without oral argument.

Plaintiff/appellant Pamela Olson appeals the district court’s disposition of her claims against defendants AT&T

More...   $0 (07-13-2011 - KS)

David Affeldt v. Green Lake County

This is a review of an unpublished decision of the court of appeals, Affeldt v. Green Lake County, No. 2009AP2315, unpublished slip op. (Wis. Ct. App. July 28, 2010), that affirmed an order of the Green Lake County Circuit Court[1] granting summary judgment in favor of Green Lake County (the County).

¶2 David Affeldt, Joyce Affeldt, and W. Alan Affeldt (the Affeldts) objected to the Cou

More...   $0 (07-06-2011 - WI)

Dyer L. Vandevere v. Denby Lloyd

Plaintiffs Dyer L. Vandevere, John McCombs, Gary Hollier, and John Jent fish commercially for salmon in the waters of Alaska’s Upper Cook Inlet. State-issued entry permits and shore fishery leases allow them to fish there. After Alaska promulgated regulations that shorten the fishing year and limit the number of salmon that commercial fishers may harvest, Plaintiffs brought this action against D

More...   $0 (07-11-2011 - AK)

John A. Logan v. Donna Wilkins, M.D.

John A. Logan claims that the defendants, who are local government officials and a private individual, conspired to deprive him of a mobile home park he owned in Indiana, in violation of his constitutional rights. Much of the defendants’ alleged wrongdoing occurred more than two years before Logan filed this lawsuit. Because Logan’s claims are subject to a two-year statute of limitations, we f

More...   $0 (07-08-2011 - IN)

State of Oklahoma, ex rel. Department of Transportation v. Adonna Roland

State of Oklahoma, ex rel. Department of Transportation sued Adonna Roland aka Adonna J. Roland, Adonnas Oasis, and Stillwater National Bank and Trust Company on an eminent domain theory seeking to acquire by condemnation certain rights, title and interested in real property owned by Defendants for public use.

Stillwater Bank disclaimed any interest in any payment to Defendants.

Th

More...   $325000 (06-20-2011 - ok)

Department of Transportation v. G. Arthur Richey, III

The Oklahoma Department of Transportation sued G. Arthur Richey, III, Donna K. Richey,Don Brown, Sherry Brown and Lamar Central Outdoor Advertising, LLC seeking to acquire by condemnation through the exercise by it of the power of eminent domain certain, rights, title and interests in real property owned by Defendants for public purposes.

The commissioners appointed by the Court awarded D

More...   $240000 (06-06-2011 - OK)

Beth Van Sickle v. Gregory Gilbert

In this action, plaintiff Beth Van Sickle filed a complaint against her former attorney, defendant Gregory F. Gilbert, arising out of his alleged mismanagement, years earlier, of certain properties Van Sickle had received in a divorce in which Gilbert had represented her. Van Sickle included in her complaint a cause of action for an accounting, and, as is generally true in accounting cases, she di

More...   $0 (06-29-2011 - CA)

Bank of New England Corporation, v. HSBC Bank USA, National Association

HSBC Bank USA, N.A. appeals, for the second time, a district court judgment that affirmed a bankruptcy court's authorization of a distribution of assets from the estate of Bank of New England Corporation ("BNEC") to holders of BNEC junior debt. The parties agree that the holders of the senior debt are entitled to priority payment of their principal along with pre-petition interest – that is, int

More...   $0 (06-23-2011 - MA)

Twin Lakes Canal Company v. Warren Choules

At issue in this case is the interpretation of I.C. § 5-246, which provides for obtaining prescriptive overflow easements. Appellant Twin Lakes Canal Company (Twin Lakes) owns and operates Twin Lakes Reservoir. Respondents Warren Choules and Sessilee J. Choules, Trustee of the Choules Family Trust, (the Choules) own property subject to a prescriptive overflow easement obtained by Twin Lakes under

More...   $0 (05-27-2011 - ID)

Harold Selman v. Box Elder County

¶1 Fred, Laura, and Bret Selman, petitioners in this case, are principals of Harold Selman, Inc. (collectively, the “Selmans”). The Selmans own property that is bisected by the border of Box Elder County and Cache County. Running through the property is a trail that connects the cities of Mantua and Paradise. In 2007, both counties passed resolutions designating the trail as a county road. Sh

More...   $0 (03-29-2011 - UT)

Three Kings Holdings, LLC v. Stephen Six

Plaintiff Three Kings Holdings, L.L.C. (Three Kings) appeals the district court's denial of its petition seeking a declaration that Kandu Challenge is not an illegal lottery under K.S.A. 21-4302. We affirm. Kandu Challenge is a card game invented by Curtis Shawn Riley, Kurt McPhail, and Shane McCullough. These three individuals are the owners of Three Kings, a Kansas limited liability company that

More...   $0 (06-10-2011 - ks)

Samuel C. Johnson 1988 Trust v. Bayfield County, Wisconsin

The plaintiffs are landowners in Bayfield County, a rural county at the northern tip of Wisconsin. They brought this suit to quiet title to their property, over which the County claims a right derived from federal law to build snowmobile trails; the plaintiffs contest the County’s claim. The district court granted summary judgment in favor of the plaintiffs. We reversed, 520 F.3d 822 (7th Cir. 2

More...   $0 (06-17-2011 - WI)

Taco Bell of America, Inc. v. Commonwealth Transportation

In this appeal we consider whether, in a condemnation case, the trial court erred by striking evidence the landowner claims supported its position that certain items were fixtures, not personalty, and removing that issue from consideration by the jury.

BACKGROUND

On February 15, 2008, the Commonwealth Transportation Commissioner of Virginia (Commissioner) filed Certificate of Take No

More...   $0 (06-09-2011 - VA)

Independent School District No. 5 v. Patrick Taylor

Tulsa County, Oklahoma Independent School District No. 5 sued Patrick Taylor on an eminent domain theory seeking to obtain by condemnation certain rights, title and interests from Mr. Taylor and his wife for public use.

The Plaintiff, which is a public school district, initiated this lawsuit to condemn an approximately 12.7 acre tract of land owned by the landowners. The land is located

More...   $3100000 (12-02-2013 - OK)

Oklahoma Department of Transportation Authority v. The George Abdo Trust

¶1 Appellants George Abdo Trust and John Hausam (Landowners) appeal the trial court's November 25, 2003, order denying their motion for a new trial following the trial court's journal entry of judgment on a jury verdict filed March 25, 2003. Landowners contend the trial court erred in this condemnation action by failing to bifurcate the trial and in certain of its evidentiary rulings. Based upon

More...   $0 (02-15-2006 - OK)

Robert L. Corbell v. State ex rel. Department of Transportation

¶1 Appellant (Department) seeks review of judgment for Appellees (Landowners) in this action for injury to real property. It further seeks review of the trial court's order assessing attorney fees. We affirm.

¶2 Landowners filed their petition on July 1, 1988. They claimed Department, as part of a road improvement project in 1983, replaced a culvert which had been draining their land with

More...   $0 (03-09-1993 - OK)

Oklahoma Turnpike Authority v. Jerry D. Wade

¶1 This appeal concerns a judgment that allowed landowners interest on their attorney fee award for the period of time following entry of the award to the conclusion of the Turnpike Authority's appeal of the verdict and attorney fee award. The trial court held that "the original attorney's fee awarded in this case . . . was a part of the damages to the landowners and therefore the landowners are

More...   $0 (08-16-1994 - OK)

Della Gaylor v. State of Oklahoma, ex rel. Department of Transportation

¶1 The controversy in this case arises out of condemnation proceeding instituted by the Department of Highways against landowner Della Gaylord.

¶2 The issue to be decided is whether a covenant in a prior deed to the state, of a portion of Mrs. Gaylord's land, whereby the state agreed to connect landowner's remaining property to a frontage road, requires the state to give value for the rem

More...   $0 (04-22-1975 - OK)

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