Condemners will tell you that “just compensation” is for the value of the property being taken and the diminution in value of the remaining property , if any, and that no matter the impact a taking may have on a business, condemnation does not provide compensation for that impact. That would be a business loss.
On April 27, the Euclid Society held its inaugural meeting. Approximately 30 planners, architects and attorneys from all over the Metro area, both county and city, public and private, gathered to enjoy wine and mingle. Ed Sullivan, Bill Kabeiseman and Carrie Richter gave a short presentation about statutory time limits for quasi-judicial decision-making, summarizing some new (and old) cases, and eliciting a good discussion.
In West Linn Corporate Park LLC v. City of West Linn, the 9th Circuit issued an unpublished opinion agreeing with the Oregon Supreme Court’s conclusion that the rough proportionality analysis required by Nollan and Dolan does not apply in situations where the government conditions development to construct off-site improvements with personal property (money, piping, sand and gravel, etc.), but did not involve dedication of any interest in its own real property.
We regularly update clients about changes in real estate law and on industry trends. This includes briefing clients on legislative proposals in the federal tax, housing and other legal areas affecting their businesses. Staying current enables you to anticipate and prevent legal problems as well as capitalize on new developments.