The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property...more
A Connecticut legislative committee approved a bill to restrict public taking of private land for economic development purposes. The bill would prohibit state and municipal redevelopment agencies from using eminent domain to...more
The 5th Circuit ruled that it was premature to review the Louisiana Real Estate Appraisers Board allegation that a Federal Trade Commission action cut into competition. ...more
Attorneys for the Pimlico Race Course owners say the city of Baltimore is trying to gain control of the racetrack and the signature Preakness Stakes race through eminent domain. The Stronach Group attorneys sent a letter...more
TX State Senator Lois W. Kolkhorst joined several statewide advocates for property rights to announce the filing of Senate Bill 421 which seeks to strengthen Texas property rights. If passed, Kolkhorst said the legislation...more
The US Supreme Court reheard oral arguments on whether a property owner can have a federal court decide an inverse condemnation case without first exhausting state remedies. In Knick v. Twp. of Scott, the property owner...more
Rep. Chris Quinn (R-Delaware) recently introduced a bill in the PA House that would require the Pennsylvania Office of Attorney General to create a brief document to clearly outline the rights and responsibilities property...more
A group of Cook County property owners have filed suit in Illinois federal court alleging that they are owed more than $27 million in property tax refunds due to discriminatory assessments by the County’s Treasurer and...more
Pennsylvania Gov. Tom Wolf signed HB 863, which allows the PA’s real estate brokers, associate brokers and salespeople to provide broker price opinions. The law defines a BPO as “an estimate … that details the probable...more
The United States House of Representatives passed the Private Property Rights Protection Act by voice vote. It seeks to prohibit condemnations for economic development or over property that is used for economic development...more
The Circuit Court of Cook County, Illinois (Chancery Division) ruled that attorneys who referenced comparable property valuations and market values based on an income approach as part of tax appeal proceedings were simply...more
The Pennsylvania Supreme Court held that a Philadelphia homeowner was not entitled to attorneys’ fees under a PA consumer protection law because filing affirmative defenses doesn’t qualify as filing an “action” under the law....more
The Ohio Supreme Court on Tuesday vacated an Ohio Board of Tax Appeals decision affirming a county appraiser’s $8.8 million valuation of a Lowe’s Inc. property. The Court found, in a 4-3 decision, that new case law required...more
It is clear that ride sharing has impacted the real estate community. One possible change is the value of properties near subways and bus stops. ...more
The Appraisal Institute reported that 21 pieces of legislation affecting the valuation profession are pending in 14 states....more
The PA Commonwealth Court recently held that a claim of adverse possession could be brought against a municipality when the municipality’s only use of the property during the statutory period was to hold the property for...more
The House Financial Services Committee recently passed legislation exempting appraisers from having to conduct evaluations in accordance with the Uniform Standards of Professional Appraisal Practice for loans under $250,000...more
The US Supreme Court issued its Kelo eminent domain case in 2005. That case held that it is not necessarily unconstitutional to take private property for another private entity to use. Now the subject of that case is the...more
The North Carolina Supreme Court has held that real estate brokers may legally testify regarding the fair market value of real property in condemnation cases. In NCDOT v. Mission Battleground Leasco, LLC, the condemnee...more
I tried a case in York County, PA involving a condemnation of the former York County Prison. My clients purchased the property in the ‘80s and were waiting for the right time to develop the property when it was taken by the...more
A New Jersey appellate Court on Monday upheld a $4.4 million valuation of a parking lot condemned by the city of Hoboken. In Ponte Equities Inc. et al. v. City of Hoboken, the property owners sought additional damages...more
The U.S. Supreme Court has decided not to hear the appeal of the owner of a Florida Keys island who alleged that increasingly restrictive development regulations have harmed his property rights. The property owner argued that...more
The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit...more
To address the homeless crisis, NY City will acquire buildings that house homeless families to convert them to affordable housing, using with legal force if necessary. It has stated that it will use eminent domain if...more
A NJ appellate court ruled that the state’s Sports and Exposition Authority had the right to use eminent domain to acquire a landfill to continue solid waste disposal there. The Court held that the New Jersey Sports and...more