Anthony DellaPelle – McKirdy & Riskin, PA

Underwater Mortgages: Can Eminent Domain Bail Them Out?

This article examines the constitutionality and possible implications of the plan being considered in several parts of the country to use the power of eminent domain to seize "underwater mortgages". The plan has been conceived…more

| Commercial Law & Contracts, Constitutional Law, Real Estate -...

Working With Eminent Domain Valuation Witnesses

This article discusses some of the key issues to consider and address when retaining expert witnesses and working with them in the preparation of their reports in real estate valuation matters…more

| Constitutional Law, Real Estate - Commercial, Real Estate - Residential

Proving Positional Bias

This article examines how far an opposing counsel may go in cross examining an adverse expert witness in an effort to prove the bias of that witness before a judge or jury…more

| Civil Procedure, Taxation, Zoning, Planning & Land Use, Real Estate -...

Recovering Business Damages in Condemnation Cases

Are business losses compensable as part of "just compensation" when a business property is taken by eminent domain? This article surveys the circumstances around the United States in which business profits and good will may be…more

| Business Organizations, Civil Rights, Constitutional Law, Real Estate -...

Selecting Eminent Domain Experts

Putting together a winning team of experts is an essential ingredient for success in an eminent domain case. This article contains useful pointers for eminent domain counsel on selecting and working with experts so that the…more

| Constitutional Law, Zoning, Planning & Land Use, Real Estate -...

Due Process Revival? Post-Kelo Considerations Regarding Property Rights

In Kelo v. City of New London, the U.S. Supreme Court ignited a flame of public outcry over the question of what constitutes a “public use” to justify the exercise of eminent domain. In the five years since Kelo was…more

| Constitutional Law, Real Estate - Residential, Zoning, Planning & Land...

Environmental Impacts in Real Estate Valuation Litigation

This article from the New Jersey Law Journal summarizes the procedures utilized in valuing properties with environmental conditions in eminent domain and real estate tax appeal matters in New Jersey…more

| Environmental Law, Real Estate - Residential, Taxation, Zoning, Planning...

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