The California legislature is considering a bill that could increase the likelihood condemnees will be reimbursed its litigation expenses. Under the current law, a condemnee can recover litigation expenses, such as attorneys’ and experts’ fees, if a court finds that the condemning agency’s final offer of compensation was unreasonable and that the final demand of
Pennsylvania Eminent Domain
$1,250,000 Award
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…
Pa. Commonwealth Court Addresses Tax Sales Notification Requirements Tax Sales
The Pennsylvania Commonwealth Court recently ruled that the failure of a local sheriff’s office to include a return of service document in filings related to a disputed tax sale violated notification requirements under state law. In that case, the allegation was that the Montgomery County Tax Claim Bureau failed to comply with notice provisions because …
TX May End Takings By Private Entities For Toll Roads
Texas lawmakers may eliminate a private North Texas company’s ability to use eminent domain to build toll roads. State Rep. Cindy Burkett, R-Garland, introduced a bill in response Texas Turnpike Corp.’s plans for a rural toll road from Garland to Greenville. The company is believed to be the only private entity in the state that …
Appraisal Institute and Appraisal Foundation Spat Continues
The Institute has been harshly critical of the Appraisal Foundation. Most recently, the Appraisal Institute, in a Dec. 12 comment letter, reiterated its concern to the Appraisal Foundation’s Appraisal Practices Board regarding an exposure draft that the Institute alleges contains numerous errors. It alleges that it could damage the appraisal process and impose additional burdens …
NC Bill Seeks To Limit Eminent Domain Powers
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” …
OK Court: Taking Must Statisfy State’s Public Use Requirement
An Oklahoma appellate court recently reconfirmed that a taking by a state or local entity must satisfy, among other things, both the state and U.S. Constitutions. In that case, the City of Muskogee condemned a property for a parking lot. The property owners alleged that the taking was not for a “public use” as that …
Artist’s Defeat of Condemnation Attracts National Attention
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 …
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…