News & Analysis as of

Just Compensation Land Owners Fair Market Value

Ackerman & Ackerman, P.C.

Why condemnors should pay property owners’ attorney fees in eminent domain cases (and a 50-state survey on the issue)

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

Ackerman & Ackerman, P.C.

When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation

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

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

Faegre Drinker Biddle & Reath LLP

Eminent Domain and the Reasonable Probability of Rezoning: Why It Matters for a Property’s Highest and Best Use

Landowners are constitutionally guaranteed just compensation when their property is taken for a public project. But the precise amount of just compensation is often an area of significant disagreement between landowners and...more

Snell & Wilmer

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

Snell & Wilmer on

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

Pillsbury Winthrop Shaw Pittman LLP

Border Wall Battles - Can you fight the government’s efforts to take land for the border wall, and how much compensation can you...

Landowners along the border of the United States and Mexico may soon face fast-tracked efforts by the federal government to condemn easements and, in many cases, substantial portions of their land outright through eminent...more

Maynard Nexsen

Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

Maynard Nexsen on

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements,...more

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