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McBrayer Blogs

Showing 3 posts in Condemnation.

Inverse Condemnation

Posted In Condemnation, Planning and Zoning, Zoning Regulations

Inverse condemnation is a far more complex subject than it may seem at the outset. While condemnation proceedings are initiated by the government to acquire property and pay the owner just compensation, the general rule regarding inverse condemnation is that the owner of the property, and not a government entity, seeks to recover damages for a loss in value of the property as a result of governmental action. There are several avenues from which this type of action can arise, as there are multiple ways property can be affected by government activity. Rather than there being a cut and dried standard for what inverse condemnation looks like, each case involving it arises is based on a set of unique factual circumstances. More >

Pipeline Still Pushing Through, But Without Eminent Domain Power

According to a ruling issued last week by Judge Phillip Shepherd from Franklin Circuit Court, The Bluegrass Pipeline Co. cannot use eminent domain and condemnation to take private property for construction of a natural gas liquid (“NGL”) pipeline through Kentucky. Details about the Bluegrass Pipeline and the company’s efforts to secure easements were shared earlier on this blog. More >

Is the Bluegrass Pipeline Selling Pipe Dreams to KY Landowners?

Are you a Kentucky landowner in the path of the proposed Bluegrass Pipeline? If so, you need to read this before agreeing to allow the pipeline on your land. Residents in thirteen counties will be affected by the proposed pipeline and a lot is at stake. As a landowner, you need to understand your legal rights and the potential risks associated with the pipeline so you can make an informed decision as to whether or not you are going to allow the pipeline on YOUR property. More >

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