Header graphic for print
Eminent Domain and Real Estate Valuation Blog Condemnation and Real Estate Litigation

Category Archives: Eminent Domain

Subscribe to Eminent Domain RSS Feed

US House Bill Introduced Seeking To Limit Eminent Domain Power

Posted in Eminent Domain

Rep. Jim Sensenbrenner (R-Wis.) has introduced legislation in the US House seeking to prevent state and local governments from using eminent domain for economic development. The “Private Property Rights Protection Act” would prevent a state or political subdivision of a state from obtaining federal economic funds for two fiscal years if it uses its eminent… Continue Reading

California Considers Appraiser Regulatory Legislation

Posted in Eminent Domain

The California legislature in considering legislation seeking to modernize its regulatory system. It has been passed by the State Assembly and the Senate Business, Professions and Economic Development Committee and currently is pending in the Senate Appropriations Committee. If AB 624 would allow state-certified appraisers to use standards of valuation practice other than the Uniform… Continue Reading

TX Updates Appraiser Law

Posted in Eminent Domain

Texas Gov. Greg Abbott signed into law Senate Bill 1007 which amends the TX appraiser licensing and certification law. The bill will take effect Jan. 1, 2016. According to the Appraisal Institute, SB 1007 includes provisions related to three high-priority issues for the Appraisal Institute: The bill will allow the Texas Appraiser Licensing and Certification… Continue Reading

Kelo Case To Be A Movie

Posted in Eminent Domain

The infamous Kelo v. City of New London will now be made into a movie. Producer Courtney Balaker is planning on beginning filming Little Pink House. It will be depicted as an underdog story focusing on the lead plaintiff – Suzette Kelo – who fought to save her house from condemnation. Her fight led to… Continue Reading

Orlando Avoids Eminent Domain For Soccer Stadium

Posted in Eminent Domain

Orlando City Soccer will apparently purchase a necessary property to build its new soccer stadium rather than rely upon the City’s power of eminent domain. The City of Orlando previously was proceeding to acquire the property though the exercise of its power of eminent domain.  However, apparently concerned that it could not then transfer the… Continue Reading

PA Considers Amendment To Relocation Law

Posted in Eminent Domain

The PA House is considering a bill that would amend the PA Eminent Domain Code’s relocation statute.  That statute applies where a business or residence is forced to relocate due to a condemnation and is in addition to damages for the loss of the real estate.  The bill would increase the reimbursement amount for “reestablish[ing]… Continue Reading

NC House Passes Eminent Domain Constitutional Amendment

Posted in Eminent Domain

North Carolina’s State House passed HB 3 which attempts to limit eminent domain powers.  The bill, which has 69 House sponsors and co-sponsors, would add language to the North Carolina constitution specifying that local and state governments can take private property with “just compensation” only for a “public use” and would guarantee a jury trial… Continue Reading

Eminent domain Restrictions Approved By Iowa House, Senate panels

Posted in Eminent Domain

Legislation making it more difficult for private utilities to acquire access to private property through condemnation cleared two Iowa subcommittees.  Subcommittees in both the Iowa House and Senate approved Senate Study Bill 1276 to change the process for private companies to build underground pipelines and overhead transmission lines. The bill, according to House Government Oversight… Continue Reading

Virginia Supreme Court Permits Admission Of Condemnor Appraisal Used For Intial Offer

Posted in Eminent Domain, Valuation

The VA Supreme Court recently heard an interesting case involving facts that should be cautionary to litigants.  In that case, VDOT made an initial offer to the property owners of $246,292 based on an appraisal.  When the condemnees rejected the offer, VDOT obtained another appraisal estimating the damages at $92,127.  VDOT told the condemnees that… Continue Reading

FL. SC To Consider If Fee Award Statute Is Unconstitutional In Cases With Excessive Litigation Caused by Condemnor

Posted in Eminent Domain

The Florida Supreme Court is considering whether a statute used to calculate attorneys’ fees in Florida eminent domain cases is unconstitutional when applied in the event of excessive litigation by the condemning authority.  The condemnor in that case is the Central Florida Expressway Authority and the jury returned a verdict valuing the property at more… Continue Reading

NYC Will Not Use Eminent Domain For Redevelopment Plans

Posted in Eminent Domain

New York City Planning Director Carl Weisbrod recently stated that the City’s redevelopment plans won’t involve the use of eminent domain to acquire property.  The planning priorities include building more affordable housing and rezoning a five-block stretch of midtown Manhattan adjacent to Grand Central Terminal.  “I don’t see us using eminent domain in a broad… Continue Reading

$22.5 Million Victory

Posted in Eminent Domain

You may recall a prior blog post regarding a case where we proved a “de facto” taking of a property.  A “de facto” condemnation – sometimes known as an “inverse condemnation” – occurs when a condemnor’s actions cause the equivalent of a taking before a declaration of taking is filed.  Our client was in the… Continue Reading

St. Louis Eminent Domain Protest Held

Posted in Eminent Domain

A protest was held Sunday in North St. Louis to demonstrate against a city bill which would allow the city to condemn property in the city’s third and fifth wards.  The bill is part of attempts to encourage the new National Geospatial Agency facility construction to take place within city limits. Homeowners spoke out in… Continue Reading

Idaho Sen. Seeks To Restrict Eminent Domain Powers

Posted in Eminent Domain

The Idaho Senate recently passed a bill which would prevent the use of the power of eminent domain to create hiking trails, bike paths or greenways. The bill, SB 1044, passed the Senate 20-13. It bans the use of condemnation “for trails, paths, greenways or other ways for walking, running, hiking, bicycling or equestrian use,… Continue Reading

$1,250,000 Award

Posted in Eminent Domain

I recently litigated a partial taking of a truck stop outside of Harrisburg, PA.  The most significant impacts to the property were caused by the closure of one of the driveways. The condemnor claimed that the taking did not cause any damages.  We were able to prove that the taking caused significant damages to the… Continue Reading

NC Bill Seeks To Limit Eminent Domain Powers

Posted in Eminent Domain

One of the first bills introduced in the newly convened North Carolina State Legislature seeks to limit condemnation powers.  House Bill 3, seeks to amend the North Carolina State Constitution to ban the use of eminent domain for private use.  Specifically, House Bill 3 seeks to amend N.C.G.S. 40A-3 to limit takings by “private condemnors”… Continue Reading

Artist’s Defeat of Condemnation Attracts National Attention

Posted in Eminent Domain, Redevelopment

About a year ago, the Philadelphia RDA condemned property owned by a nationally recognized artist. This condemnation received a great deal of local and national attention including newspaper and radio coverage (I was interviewed by one station). The property owner, James Dupree, used this property as his studio. The property was one of 17 properties… Continue Reading

Eminent Domain Considered For DC Stadium

Posted in Eminent Domain, Projects

Two D.C. Council committees advanced legislation allowing for the use of eminent domain in the construction of a $300 million professional soccer stadium in Washington, D.C.  The bill will now go before the full council for a vote on Tuesday.  While the legislation allows for eminent domain to be used to acquire the land, Mayor-elect… Continue Reading