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Category Archives: PennDOT

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Kelo Property Still Vacant

Posted in Eminent Domain, PennDOT

In 2005, the US Supreme Court issued one of its most controversial decisions. In Kelo v. City of New London, the Court held that it was not unconstitutional to use the power of eminent domain to take homes and other private property and transfer the property to private entities for economic development. It found that… Continue Reading

New Jersey Passes Eminent Domain Legislation

Posted in Eminent Domain, PennDOT

The New Jersey legislature has passed legislation somewhat restricting local governments’ use of eminent domain for private redevelopment. It also creates an alternative to condemnation for redevelopment projects. S-2447, passed 36-1, was expressly designed to codify New Jersey Supreme Court’s decisions holding that the prior statutory standard for “blight” — that the property be in… Continue Reading

North Las Vegas Moves Closer To Using Eminent Domain To Seize Underwater Mortgages

Posted in Eminent Domain, PennDOT

The city of North Las Vegas has entered into an advisory agreement with Mortgage Resolution Partners. This entity promotes the concept of local governments using the power of eminent domain to seize underwater mortgages from investors for the purpose of restructuring them. In response the Securities Industry and Financial Markets Association, the Association of Mortgage… Continue Reading

House Judiciary Committee Approves Eminent Domain Bill

Posted in Eminent Domain, PennDOT

The House Judiciary Committee approved legislation by voice vote prohibiting state and local governments that receive federal economic development funds from using eminent domain to transfer private property from one private owner to another for the purpose of economic development. The “Private Property Rights Protection Act” (H.R. 1944) is a direct, albeit delayed, response to… Continue Reading

FHA Considering Eminent Domain Policy

Posted in Eminent Domain, PennDOT

The Department of Housing and Urban Development may issue eminent domain related rules. At a recent House Financial Services subcommittee hearing, Reps. Blaine Luetkemeyer, R-Mo., and Edward Royce, R-Calif., noted counties in their states are considering using eminent domain to acquire private-label underwater mortgages. They also noted that FHA has barred Fannie Mae and Freddie… Continue Reading

Appraisal Institute Discusses USPAP Changes

Posted in Appraisers, PennDOT

Paula Konikoff, JD, MAI, chair of the Appraisal Institute’s Professional Standards and Guidance Committee recently discussed the 2014-15 USPAP updates, including the process the Appraisal Standards Board used to adopt the latest edition of USPAP, the new Report Options that will be part of the 2014-15 edition of USPAP, and other changes made that might… Continue Reading

Illinois Senate Approves Granting Eminent Domain Power To Casinos

Posted in Eminent Domain, PennDOT

The Illinois Senate recently approved a casino bill which would provide casinos with the power of eminent domain. If it passes, SB 1739 would amend the state’s Eminent Domain Act:   “The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: Chicago Casino Development Authority… Continue Reading

NJ General Assembly Amends Redevelopment Eminent Domain Leg.

Posted in Eminent Domain, PennDOT

The New Jersey General Assembly overwhelmingly passed a bill intending to “clarify” the use of eminent domain by a municipality and amending the due process provisions of the Local Redevelopment and Housing Law (LRHL) that fall within the area of eminent domain, according to the bill’s sponsors. Under the bill, A-3615, a municipality condemn properties… Continue Reading

Georgia Adopts Rules for Evaluation Appraisals

Posted in Appraisers, PennDOT

The Georgia Real Estate Appraisers Board recently adopted its final regulations regarding standards for developing and reporting an “evaluation appraisal.” The regulations state that, where permitted by federal law and policies, a state-licensed or certified appraiser performing an evaluation appraisal need not comply with the Uniform Standards of Professional Appraisal Practice. The new regulations state… Continue Reading

42 Appraisal Firms Form Valbridge Property Advisors

Posted in Appraisers, PennDOT

Forty-two U.S. appraisal firms announced March 18 that they now are operating as Valbridge Property Advisors. The new firm is comprised of independent, local-market valuation firms with each office run by the local practice leader who must hold an MAI designation of the Appraisal Institute. The new firm will specialize in office, industrial, retail, multifamily,… Continue Reading

PA Considering Bill Expanding Brokers Ability To Provide Comparative Market Analysis

Posted in Appraisers, PennDOT

Legislation was introduced in the Pennsylvania General Assembly to expand the ability of real estate sales professionals to provide Broker Price Opinions and Comparative Market Analyses outside of the real estate brokerage context. This legislation would amend the Real Estate Licensing and Registration Act and the Real Estate Appraisers Certification Act. A Comparative Market Analysis… Continue Reading

Eminent Domain Being Considered To Move Beach Project Forward

Posted in Eminent Domain, PennDOT

One of the communities hardest hit by Hurricane Sandy is preparing to use eminent domain to take easements from oceanfront homeowners who are holding up a beach replenishment project, according to the Newark Star-Ledger. These homeowners won’t sign easements that would allow federal officials to carry out the work. Mantoloking saw every one of its… Continue Reading

Report: Ban Distressed Home Sales As Comps

Posted in Appraisers, PennDOT

The Bipartisan Policy Center issued a report proposing changes to current appraisal policy. Although it was primarily focused on reducing the government’s role in the nation’s housing finance system, it had appraisal related recommendations. For example, it recommended banning the use of distressed home sales as comparables which the BPC said was helping to decrease… Continue Reading

Appraiser Qualification Board Issues Second Exposure Draft

Posted in Appraisers, PennDOT

The Appraiser Qualification Board issued the Second Exposure Draft of Proposed Interpretation and Revision to the Real Property Appraiser Qualification Criteria. The AQB is an independent board of The Appraisal Foundation and composed of at least five practicing appraisers who are appointed by the Foundation’s Board of Trustees for three-year terms. Under the provisions of… Continue Reading

NC Considering Eminent Domain Const. Amendment

Posted in Eminent Domain, PennDOT

The North Carolina House of Representatives has passed legislation to amend the state Constitution to limit certain eminent domain powers. House Bill 8 would specifically prohibit condemnation of private property except for a public use and provides for the payment of just compensation with right of trial by jury in all condemnation cases. The N.C…. Continue Reading

Appellate Court Affirms Our De Facto Victory

Posted in Eminent Domain, PennDOT

I am often asked whether governmental actions can cause a taking even if the government does not formally initiate an eminent domain case. These cases are known as "de facto" or "inverse condemnations" and are difficult to prove. However, establishing a de facto taking can have substantial benefits.   The Commonwealth Court recently affirmed a… Continue Reading

PennDOT Awards Record Contract for Second Stage of I-95/Cottman Avenue Interchange Project

Posted in Eminent Domain, PennDOT

PennDOT announced the award of the largest construction contract in agency history, a $212.3 million contract to improve Interstate 95 and its interchange at Cottman Avenue (Route 73) in Northeast Philadelphia. According to PennDOT, “This record-setting contract is for the second stage of our two-stage program” for this project. PennDOT awarded the low-bid $212,325,000 contract… Continue Reading

We Win De Facto Taking Case

Posted in Eminent Domain, PennDOT

I am often asked whether governmental actions can cause a taking even if the government does not formally initiate an eminent domain case. These cases are known as “de facto” or inverse condemnations and are difficult to prove. However, establishing a de facto taking can have substantial benefits. We recently were successful in establishing a de facto taking… Continue Reading

PennDOT Moving Forward With 422 Project In Berks And Montco (PA)

Posted in Eminent Domain, PennDOT, Projects

PennDOT has shown signs that it is pursuing property acquisitions for Route 422 projects in Berks and Montgomery Counties (PA). PennDOT published a notice on September 3, 2011 in The Pottstown Mercury newspaper that it intends to acquire property in Lower Pottsgrove (PA) Township for that portion of its 422 reconstruction project. Property owners are… Continue Reading

PENNDOT HOPING FOR FUNDS FROM STIMULUS PACKAGE

Posted in Eminent Domain, PennDOT, Projects, Road Project

One of the new buzzwords these days is “infrastructure.” It is likely that Congress will enact an ambitious economic stimulus package soon after President-elect Obama is inaugurated. One important component will be funds that will be spent on “infrastructure” including roads and bridges. State officials are drawing up plans for bridge and road improvements in… Continue Reading