In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more
The New York Supreme Court (Appellate Division)(“Court”) addressed in a January 9th opinion an evidentiary issue associated with the condemnation by the State of New York of a parcel of real property. See Kermanshahchi, et...more
In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property's fair market value. In its decision in North Carolina Department of Transportation v. Mission...more
When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more
I take a run at historical fiction in light of MDOT’s plans to remove I-375 and in the process discuss necessity and public use concepts. The Michigan Department of Transportation (MDOT) recently announced that it is...more
The owners of the existing Ambassador Bridge lost one of their many arguments in Wayne County Circuit Court. The owners of the Ambassador Bridge, entities controlled by the Maroun family, have raised many objections to the...more
If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need to improve...more
In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more
Notwithstanding Maroun Court of Claims lawsuit attacking propriety of the Gordie Howe Bridge Project, the MDOT has filed dozens of new condemnations including against Maroun entities. On Friday, I posted a blog...more
Companies controlled by Mannie Maroun, who owns the Ambassador Bridge, have filed a lawsuit seeking to block MDOT condemnations to acquire property for the Gordie Howe Bridge. Mannie Maroun has spent years attempting to...more
Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more
On September 26, 2016, the Colorado Supreme Court, in a 7-0 opinion on an original proceeding, held the Colorado Department of Transportation (CDOT) has no condemnation authority under a 1994 resolution that unlawfully...more
- SC19298 - Getty Properties Corp. v. ATKR, LLC Defendants appealed eviction judgments against them for a series of gas stations located on properties owned by the plaintiffs. Getty Properties Real Estate Investment...more
Michael Lewis' new book, Flash Boys concerns high frequency traders using advance notice of a stock purchase to reap extra profits. Fittingly, the North Carolina Supreme Court's decision in Beroth Oil v. NCDOT was published...more
In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship...more