Eminent Domain Law
 
STATE OF NEW JERSEY v. SCOTT M. CAIN

In State v. Odom, 116 N.J. 65, 80-81 (1989), we held that
an expert witness in a drug-distribution case could testify to
the ultimate issue of fact -- whether a defendant possessed
drugs with the intent to distribute. We cautioned, however,
that the expert’s testimony should not amount to a pronouncement
of guilt. Allowing an expert to offer an opinion on a
defen

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HOCHSTETLER et al v. USA

Section 1247(d) of the Trails Act prompts certain federal agencies to encourage the conversion of unused railroad rights-of-way into recreational trails by state and local governments or private entities. See 16 U.S.C. § 1247 (2012). One of these federal agencies, the Surface Transportation Board (“STB”), is tasked with regulating the construction, operation, and abandonment of railroad lines

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STATE OF NORTH CAROLINA v. ARTHUR LEE GIVENS

Where defendant has not met his burden to show that defense counsel was
deficient by not fulfilling a promise made to the jury in his opening statement,
defendant was not prejudiced and is not entitled to a new trial.
Arthur Lee Givens, defendant, and Donald Everette Gist, the victim, became
acquainted in the fall of 2014 while they both stayed at Schameka Earl’s home for a

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In the Interest of A.K., a child

Appellant father (“Father”) appeals the trial court’s order terminating his parental rights to his child, A.K.1 Father challenges: (1) the “aggravated circumstances” findings in the temporary orders; and (2) the sufficiency of the evidence to support the trial court’s finding that termination was in the best interest of the child. We affirm the trial court’s termination order.2 B

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In the Interest of A.K., a child

In August 2014, the Texas Department of Family and Protective Services (“the
Department”) received information that two-year-old A.K. was being physically abused. A.K. had
been in the care of Father since she was ten-months-old, but Father’s girlfriend, “Ronda,” was
In accordance with Rule 9.8 of the Texas Rules of Appellate Procedure, we will refer to the child and relev

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Plains Pipeline, L.P. v. thomas Joseph Montgomery, Roberta Ann Montgomery, Board of County Commissioners of Cleveland County and Jim Reynolds, Cleveland County Treasurer

Norman, OK - Plains Pipeline, L.P. sued Thomas Joseph Montgomery, Roberta Ann Montgomery, Board of County Commissioners of Cleveland County and Jim Reynolds, Cleveland County Treasurer on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by the Defendants by condemnation for the construction of a private pipeline.

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State of Rhode Island v. Jose Lopez

Defendant Jose Lopez urges dismissal of a single-count indictment alleging that
on September 3, 2010, he discharged a firearm during a crime of violence (assault with a
dangerous weapon), which resulted in permanently incapacitating Ramon Cruz, who is now a
paraplegic. The penalty for conviction on that charge is a mandatory life sentence.
The indictment, which was returned b

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Adair County Board of Commissioners v. Thomas J. Willhite and Deann Willhite

Stilwell, OK - Adair County Board of Commissioners sued Thomas J. Willhite and Deann Willhite on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by the Defendants for public use claiming:

COMES NOW the Plaintiff, Adair County Board of Commissioners, County of Adair and State of Oklahoma, (the "Plaintiff'), and for its cause of action a

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Commonwealth v. Johnson

The issue presented in this case is whether
the motion judge, applying the common-law principles of fairness
in Commonwealth v. Jones, 423 Mass. 99, 109 (1996), committed an
abuse of discretion in allowing the defendant's motion to
suppress the victim's identifications of the defendant as the
intruder he had struggled with in his home. The judge found
that, through

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STATE OF IOWA vs. MIRANDA PETITHORY-METCALF

Miranda Petithory-Metcalf (Petithory) appeals her conviction, following a
jury trial, for murder in the second degree. She first asserts sufficient evidence
does not support the jury’s finding she acted with malice aforethought, and
therefore, the district court erred when it denied her motion for judgment of
acquittal. She also argues the court abused its discretion when i

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SHARRON JENKINS v. CHICAGO PACIFIC CORPORATION, et al

Sharron and Gerald Jenkins received, by quitclaim deed, property that had previously been used by the Chicago, Kansas and Nebraska Railway Company, the predecessor of Chicago Pacific Corporation, (Chicago Pacific) as a railroad track
running through the town of Holton. Use of the property as a railroad track has long since been abandoned. Gerald is now deceased and Sharron filed a quiet title

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State of Maine v. Buddy Robinson

Viewed in the light most favorable to the State, the evidence
establishes the following facts. See State v. Dolloff, 2012 ME 130, ¶ 3,
58 A.3d 1032. In 2009, Robinson and his sister were employed at a business in
Lewiston. There, the sister met Christiana Fesmire.
Robinson’s sister and her child resided in the second floor apartment of
a house that she owned in Lewis

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Hoffer Properties, LLC v. State of Wisconsin

This is a review of an unpublished decision of the court of appeals affirming a grant
of partial summary judgment to the Department of Transportation
(DOT).1 Pursuant to Wis. Stat. § 84.25 (2007-08),2 DOT eliminated
Hoffer Properties, LLC's (Hoffer's) direct driveway connections
to State Trunk Highway 19 (STH 19), a controlled-access highway.
DOT also separately exercised

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State of Oklahoma, ex rel. Department of Transportation v. Whataburger Real Estates, L.P.

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Whataburger Real Estates, L.P. on an eminent domain theory seeking to acquire certain rights title and interest in real property owned by Defendant for public purposes.

The nature and extent of the taking is not available.

Court Docket Entries:

12-17-2008 CTFREE

CANTRELL, DAMAN: HEA

More...   $150000 (01-14-2016 - OK)

State of Maine v. Buddy Robinson

Viewed in the light most favorable to the State, the evidence
establishes the following facts. See State v. Dolloff, 2012 ME 130, ¶ 3,
58 A.3d 1032. In 2009, Robinson and his sister were employed at a business in
Lewiston. There, the sister met Christiana Fesmire.
Robinson’s sister and her child resided in the second floor apartment of
a house that she owned in Lewis

More...   $0 (02-02-2016 - ME)

State Of Kansas v. Toliver

Following a bench trial on stipulated facts, the district court convicted Tony Toliver, a parolee under the supervision of the Kansas Department of Corrections (KDOC), of marijuana possession and sentenced him to 6 months' probation with an underlying 60-day jail term.
On appeal, Toliver asks us to reverse his conviction. He contends the district court erroneously denied his motion to supp

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CLAUDE SEARS, et al. v. UNITED STATES

Before the court in this rails-to-trails takings case are the government’s motion for partial summary judgment and plaintiffs’ cross-motion for partial summary judgment under Rule 56(a) of the Rules of the United States Court of Federal Claims (“RCFC”). Both motions pertain to the interest rate that should be applied beyond February 3, 2016 as part of the just compensation that has otherw

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State of Oklahoma, ex rel. Department of Transportation v. Lamar Central Outdoor, LLC

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Lamar Central Outdoor, L.L.C. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Lamara for public use.

and states as follows:
1. This action is instituted in the name of the State of Oklahoma ex "rel.
Department of Transp

More...   $230400 (12-22-2015 - OK)

Lanam v. Promise Regional Med. Ctr.-Hutchinson, Inc.

Jaclan Lanam had her right knee replaced at Promise Regional Medical CenterHutchinson, Inc., in October 2009. She was discharged from the hospital 3 days later. Kelly Zoglman, a certified nurse assistant, transferred Lanam from her hospital chair to a wheelchair. Zoglman then rolled Lanam out to the car waiting to take her home. Zoglman was the sole assistant assigned to transfer Lanam from her wh

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State Of New Mexico v. Begay

Defendant Trevor Begay was convicted of battery in the San Juan County
11 Magistrate Court and sentenced to 182 days of imprisonment with credit for eleven
12 days of time served. The magistrate court suspended his sentence and ordered that
13 Defendant serve 171 days of supervised probation. Defendant violated the terms of
14 his probation and could not be located to answer for th

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Jefferson Morley v. CIA

Morley is a journalist and news editor who has written about the assassination of President John F. Kennedy. In 2003 he submitted a FOIA request to the Central Intelligence Agency for all records related to CIA officer George E. Joannides. Morley believed that information on Joannides could shed new light on President Kennedy’s assassination because Joannides had served as the CIA case officer

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COMMONWEALTH OF MASSACHUSETTS vs. FELIX GUERRERO-AYBAR

On September, 22, 2006, Detectives Moynihan
and Mejia of the Lawrence police department's street narcotics
enforcement unit were conducting surveillance in the Park Street
area of Lawrence, a residential area with high crime, including
significant illegal drug activity. The detectives observed the
defendant drive past a bicyclist known to the detectives as a
heroin

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Nebraska v. Parker

The Omaha Tribe settled in the Missouri River valley more than 500 years ago. Over the course of several centuries, the Tribe established villages in northeastern Nebraska, farmed the land, and hunted deer and bison across the plains. But the Tribe increasingly found itself threatened by westward expansion, warfare with other tribes, and disease. Following the United States’ acquisition of

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City of Tulsa v. Square 1 Real Estate, L.L.C.

Tulsa, OK - The City of Tulsa sued Square 1 Real Estate, L.L.C. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant to use for public purposes.

The Commissioners appointed by the Court awarded the Defendant $16,280.00 in damages.

More...   $16280 (12-04-2015 - OK)

UNITED STATES OF AMERICA V. CHRISTOPHER JAMES

Federal law lacks a generic statute addressing nonconsensuarape, as every state has. Instead, 18 U.S.C. § 2241 prohibits aggravated forcible sexual assault. 18 U.S.C. § 2242(2) covers the less frequent scenario where an assailant sexually assaults a victim who is (A) mentally incapable of understanding what is happening, or (B) physically incapable of resisting the assault. Under § 2242(2)(A)

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