News & Analysis as of

Property Owners Property Valuation

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Judge, not Jury, Must Consider the Constitutionality of a Dedication Requirement and Whether it Qualifies as a "Project Effect"

by Nossaman LLP on

One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more

Pennsylvania Property Tax Reassessment Update

by Reed Smith on

Several counties in Pennsylvania are conducting countywide property reassessments. This update provides status changes for Washington, Blair and Lancaster Counties, along with a set of important deadlines and basic assessment...more

(US) Property Reassessment is Coming to Washington County, PA

by Reed Smith on

Washington County, Pennsylvania recently concluded its first county-wide reassessment in over thirty-five years, with reassessment values effective for the 2017 tax year. Property owners will receive two separate notices...more

Report: solar panels add home appraisal value

by PretiFlaherty on

"How will putting rooftop solar panels on my home affect its value?" is a common question among those considering residential-sited solar energy projects. ...more

Fundamental Evidentiary Issues – Avoiding Exclusion of Your Opinion of Value and Comparable Sales

by Nossaman LLP on

In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more

It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context

by Cole Schotz on

The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and...more

Indiana Tax Court Upholds Residential Land Value

by Faegre Baker Daniels on

On September 9, 2015, the Indiana Tax Court upheld the Indiana Board of Tax Review’s decision affirming an assessor’s residential land valuation. In Cooper v. Allen County Assessor, Homeowners argued that the March 1, 2012,...more

Court Clarifies Rules for Recovery of Attorneys’ Fees in Eminent Domain Actions

by Nossaman LLP on

In California eminent domain actions, absent special circumstances (such as an abandonment, successful right to take challenge, or inverse condemnation finding), a property or business owner is typically only entitled to...more

How Hard Does it Have to Rain Before the Government is Liable for a “Condemnation Cloud?”

by Nossaman LLP on

Public projects take years of planning and environmental review usually involving outreach to neighboring property owners and other stakeholders. During this process, potential right of way impacts are identified and property...more

Fall 2014 Municipal Revaluations in Connecticut

by Pullman & Comley, LLC on

A number of Connecticut municipalities (see list at the end of this alert) plan to conduct revaluations effective October 1, 2014. For those with commercial real property located in one of the communities on the list,...more

Property Owners May Not Recover Precondemnation Damages for Decline in Property Values - Appellate Court Rules That Property...

by Best Best & Krieger LLP on

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

Court Rules That Landowners Must Provide Factual Support For Market Value Opinions

by Winstead PC on

The Texas Supreme Court has recently held that while the property owner rule establishes that an owner is qualified to testify as to market value, the testimony must meet the same requirements as any other opinion evidence....more

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