News & Analysis as of

Department of Transportation (DOT) Condemnation

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

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

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

Ward and Smith, P.A.

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

Ward and Smith, P.A. on

When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more

Clark Hill PLC

MDOT Planning To Remove I-375 In Detroit. If History Were Different, Could A Proposal To Build It Be Challenged?

Clark Hill PLC on

I take a run at historical fiction in light of MDOT’s plans to remove I-375 and in the process discuss necessity and public use concepts. The Michigan Department of Transportation (MDOT) recently announced that it is...more

Clark Hill PLC

Gordie Howe Bridge Moves One Step Closer

Clark Hill PLC on

The owners of the existing Ambassador Bridge lost one of their many arguments in Wayne County Circuit Court. The owners of the Ambassador Bridge, entities controlled by the Maroun family, have raised many objections to the...more

Fox Rothschild LLP

Obtaining Penndot Right Of Way As A Condition To Obtain Your Hop

Fox Rothschild LLP on

If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need to improve...more

Schwabe, Williamson & Wyatt PC

Condemnation Risk Planning: Denial Is Not A Strategy

In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more

Clark Hill PLC

MDOT Files New Bridge Condemnations

Clark Hill PLC on

Notwithstanding Maroun Court of Claims lawsuit attacking propriety of the Gordie Howe Bridge Project, the MDOT has filed dozens of new condemnations including against Maroun entities. On Friday, I posted a blog...more

Clark Hill PLC

Moroun Seeks to Block Gordie Howe Bridge Condemnations

Clark Hill PLC on

Companies controlled by Mannie Maroun, who owns the Ambassador Bridge, have filed a lawsuit seeking to block MDOT condemnations to acquire property for the Gordie Howe Bridge. Mannie Maroun has spent years attempting to...more

Williams Mullen

Money, Dirt and Steel: Fall 2016 Newsletter

Williams Mullen on

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

BCLP

Colorado High Court Holds Highway Condemnations Unauthorized Since 1994, Dismisses Taking Suit Against U-Haul Under Nondelegation...

BCLP on

On September 26, 2016, the Colorado Supreme Court, in a 7-0 opinion on an original proceeding, held the Colorado Department of Transportation (CDOT) has no condemnation authority under a 1994 resolution that unlawfully...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

- SC19298 - Getty Properties Corp. v. ATKR, LLC Defendants appealed eviction judgments against them for a series of gas stations located on properties owned by the plaintiffs. Getty Properties Real Estate Investment...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

Best Best & Krieger LLP

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

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

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