Private Equity VS Real Estate Transactions | Valuation Differences Between Practice & Real Estate
Assessments, Condos vs. Town Homes
Procedures governing eminent domain actions differ in some respects from other areas of law. Notably, all issues, except the sole issue of compensation, are adjudicated by the court....more
The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more
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
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
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
In Colorado, eminent domain (also known as condemnation) proceedings take place in several stages. These proceedings are similar to, but not the same as, other civil trials. Most attorneys — let alone property owners — do not...more
Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more
When a public agency is acquiring private property for a public project, typically the key issue in dispute is how much the agency should pay -- what is “just compensation”? ...more
While inverse condemnation liability in California originates from the California Constitution, determining when it applies -- and under what circumstances -- is based on a lengthy morass of case law that has been described...more
In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more
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
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
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
As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more
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
October 1, 2016 Revaluations: If/When/How to Challenge Your Real Estate Property Assessment - Connecticut municipalities are required to carry out a general revaluation of all real estate within their boundaries at least...more
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
We don’t often see multiple takings-related cases in one week, but last week we saw three. The California Supreme Court’s decision in Property Reserve was obviously the most important, but the Fourth Appellate District Court...more
What began several years ago as a defeated attempt at a class action against the North Carolina Department of Transportation (NCDOT) ultimately resulted in a win this month for plaintiff landowners in Kirby v. NCDOT (No....more
The Texas Constitution provides that “[n]o person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made.” Tex. Const. art. I, § 17. The Texas Supreme Court has...more
Below are some updates on California projects have turned to eminent domain to complete right-of-way acquisition. They involve issues that are somewhat typical in condemnation proceedings: disputes over severance damages and...more