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Eminent Domain

North Carolina Court of Appeals
Uncategorized

Great Smoky Mountains R.R. v. Mach 2 Invs. — Third Parties Cannot Attack a Railroad’s Deed from NCDOT, Even If State Conveyance Procedures Were Not Followed

The North Carolina Court of Appeals reversed a Rule 12(b)(6) dismissal in a railroad trespass and quiet-title action, holding that Mach 2 Investments and adjoining property owners lacked standing under the jus tertii doctrine to challenge Great Smoky Mountains Railroad’s 1996 deed from NCDOT. Even if the conveyance did not strictly follow state-lands procedures, only the State can mount that challenge—and any defect would render the deed merely voidable, not void. On remand, the trial court must address necessary parties and examine the scope of a historic “farm crossing” easement whose claimed use Mach 2 may have overburdened through subdivision.

Commonwealth Court of Pennsylvania
Uncategorized

Burns v. PennDOT — Misleading Plot Plan Tolls 30-Day Deadline and Opens Separate De Facto Taking Claim

The Commonwealth Court reversed a trial court order striking a de facto condemnation claim from a condemnee’s petition for appointment of viewers. PennDOT’s plot plan showed the condemnee’s home excluded from a County Line Road right-of-way expansion, but a subsequent survey revealed the taking included part of the house’s porch. The court held that a misleading plot plan tolls the Eminent Domain Code’s 30-day filing deadline and permits the condemnee to pursue both de jure and de facto taking claims in a single viewer proceeding.

Appellate Division, Second Department
Uncategorized

Port Grove Assoc. v. State of New York — First-Class Mail Service of Eminent Domain Claim Is Not a Jurisdictional Defect

The Appellate Division, Second Department reverses dismissal of an eminent domain claim against the State, holding that service of the claim on the Attorney General by regular mail — rather than personal service or certified mail — affects only the State’s time to file an appraisal, not the Court of Claims’ jurisdiction over the claim.

Commonwealth Court of Pennsylvania
Uncategorized

Carlino East Brandywine v. East Brandywine Twp. — Collateral Estoppel Cannot Rest on a Prior Dismissal for Lack of Standing

The Commonwealth Court vacated a permanent injunction granted in a decade-long Chester County land development dispute, holding that the trial court wrongly applied collateral estoppel: because the prior declaratory judgment action was dismissed for lack of standing, the issues were never actually litigated, and the identity-of-issues element was independently unsatisfied because the prior case turned on the Prevailing Wage Act while the injunction proceeding did not.

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