This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This...more
Ohio courts have long held that a condemning authority fails to satisfy the good faith offer requirement if the offer is not based on an appraisal. See Media One v. Manor Park Apts Ltd., 11th Dist. Lake No. 2000-L-045, 2000...more
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
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
A highly skilled appraiser can be a champion for a landowner whose property is being taken by a government entity. A credible, well-supported appraisal report can help you reach a favorable settlement with the government on...more
California law requires condemning agencies to make an offer of just compensation to a property owner before adopting a resolution of necessity and initiating an eminent domain lawsuit. The offer must be provided with a...more
Just compensation in condemnation has long been held to require payment that is fair to both the property owner having its property seized and the public taking it. Two of the rules that have developed in this pursuit of...more
On June 22, 2016, the Pennsylvania Commonwealth Court decided the case of Township of Millcreek v. Angela Cres Trust of June 25, 1998, 1725 C.D. 2015, which decided whether 42 Pa.C.S. § 5505 applies to eminent domain cases. ...more
While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community...more
Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...more
In California, the “goodwill” of a business “consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable...more
One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the...more
The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more
Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more