A Pennsylvania appeals court remanded two cases for new hearings on whether a UGI Corp. subsidiary had properly taken the subsurface rights of private landowners by declaring their properties within a buffer zone surrounding an underground gas storage facility. In Carl Hughes v. UGI Storage Co. and John Albrecht v. UGI Storage Co., a
eminent domain lawyer
Orlando Avoids Eminent Domain For Soccer Stadium
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…
NC House Passes Eminent Domain Constitutional Amendment
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…
Interthinx Q4 2014 Report Indicates Mortgage And Property Valuation Fraud Risk
According to Interthinx, Inc., a subsidiary of First American Financial Corporation, the “National Mortgage Fraud Risk Index” increased 3 percent from the last quarter, and is unchanged from one year ago. However, the “Property Valuation Fraud Risk Index is down 2 percent from Q3 2014. According to the report, Florida is the riskiest state this…
Virginia Supreme Court Permits Admission Of Condemnor Appraisal Used For Intial Offer
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…
FL. SC To Consider If Fee Award Statute Is Unconstitutional In Cases With Excessive Litigation Caused by Condemnor
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…
Eminent Domain Considered For DC Stadium
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…
VA Supreme Court To Hear Appraisal Admissibility Case
One frequent issue in eminent domain and other valuation cases is the admissibility of appraisals obtained by a party other than the appraisal they intend to actually use. For example, in a case that will be heard by the VA Supreme Court, VDOT had two appraisals in an eminent domain case. VDOT chose only to…
Hartford Takes Properties For Stadiums
The City of Hartford has used its power of eminent domain to assemble land for a stadium. The Hartford City Council approved a $350 million plan to build a minor league baseball stadium for the New Britain Rock Cats. However, it does not own all of the land necessary for the stadium. The City has…
Eminent Domain Topic For Jon Stewart
Jon Stewart used eminent domain debates to criticize Republicans over their support of the Keystone Pipeline in a recent Daily Show. In his usual method, he juxtaposed statements by Republicans decrying the use of the power of eminent domain and supporting its use for the Keystone Pipeline project.
The Show’s use of this topic shows…