News & Analysis as of

Property Owners Fair Market Value Condemnation

Ackerman & Ackerman, P.C.

Why condemnors should pay property owners’ attorney fees in eminent domain cases (and a 50-state survey on the issue)

In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property.  That standard ignores the owners’ ‘subjective’ losses, such...more

Ackerman & Ackerman, P.C.

When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation

When we take on an eminent domain case, our primary goal is to put our client in the best position possible.  In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more

Nossaman LLP

Calculating Condemnation Interest Rates – California & Nevada

Nossaman LLP on

The payment of “just compensation” for the taking of private property includes more than merely writing a check to the property owner after a jury determines the current fair market value of the taking. A property owner is...more

Nossaman LLP

Understanding the Tax Implications of Eminent Domain Proceeds When Property is Condemned

Nossaman LLP on

One of the issues that comes up frequently in eminent domain is whether the proceeds a property or business owner will receive from the government is treated as ordinary income, capital gains or is exempt from federal and/or...more

Roetzel & Andress

What Do I Need To Know About Eminent Domain Compensation?

Roetzel & Andress on

When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation. This process is ultimately what a...more

Perkins Coie

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

Perkins Coie on

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

Nossaman LLP

Court Holds Agency Appraiser Not Required to Identify Specific Damages When Outweighed by Project Benefits

Nossaman LLP on

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

Pullman & Comley, LLC

Property Tax and Valuation Topics - Spring 2019

Pullman & Comley, LLC on

Tidbit on NNN lease property valuation - A sort of a humdrum ruling on the assessment appeal of a garden variety industrial building nevertheless offers a valuable insight as to proper use of the income valuation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands/Condemnation: New York Appellate Court Addresses Evidentiary Issue

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

Faegre Drinker Biddle & Reath LLP

Getting Your Boots Dirty: Why Site Visits Matter in Condemnation

While modern technological advances often allow lawyers, clients and courts attractive opportunities to fulfill their roles virtually and at lower cost, when a lawsuit involves real estate, there is simply no substitute for...more

Snell & Wilmer

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

Snell & Wilmer on

When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the...more

Faegre Drinker Biddle & Reath LLP

How Does the Condemnation Process Work in Indiana?

For Indiana landowners, receiving notice that your property is being condemned can cause a sense of powerlessness. Indiana law grants many governmental entities — including cities, towns, counties, utility companies, school...more

Faegre Drinker Biddle & Reath LLP

Show Me the Money: Recoverable Damages in Indiana Eminent Domain Actions

Few things are more distressing than learning that your property is being taken by eminent domain . You undoubtedly will have many questions. What is the process by which my property is being taken? How long will the process...more

Ward and Smith, P.A.

N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

Ward and Smith, P.A. on

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

Womble Bond Dickinson

Flash Boys and the Transportation Corridor Act

Womble Bond Dickinson on

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

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