The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property pursuant to a federal statute – the Natural Gas Act of 1938 (“NGA”) – and filed the case in federal court.
Eminent Domain
CT Committee Approves Eminent Domain Bill
A Connecticut legislative committee approved a bill to restrict public taking of private land for economic development purposes. The bill would prohibit state and municipal redevelopment agencies from using eminent domain to take property to be used as part of a private development project.
According to press accounts, there are a number of potential issues…
TX Legislator Files Eminent Domain Reform Legislation
TX State Senator Lois W. Kolkhorst joined several statewide advocates for property rights to announce the filing of Senate Bill 421 which seeks to strengthen Texas property rights. If passed, Kolkhorst said the legislation would create a substantially more fair, equitable and transparent eminent domain process.
“Since the days of Sam Houston and Stephen F. …
SCOTUS REHEARS EMINENT DOMAIN CASE WITH KAVANAUGH ON BENCH
The US Supreme Court reheard oral arguments on whether a property owner can have a federal court decide an inverse condemnation case without first exhausting state remedies. In Knick v. Twp. of Scott, the property owner alleged that the enactment of a law constituted an inverse condemnation. SCOTUS first heard argument on the case…
Our Team Obtains $1.75M Eminent Domain Jury Verdict
I recently had a trial regarding a partial taking of a trucks stop located outside of Harrisburg, PA. The Condemnor/Township claimed the damages were $0. We argued that the damages were $1.75M. After a four day trial, a Dauphin County jury awarded the full $1.75M. As a result, our client will also receive another $750,000…
Our Bucks County Verdict Is Now Final
I tried a case in Bucks County, PA involving a condemnation by the Pennsylvania Turnpike Commission. PennDOT claim the property was worth $850,000. We presented evidence that the property was worth $2,300,000. The Jury returned a verdict of $2,300,000 – the full amount we alleged.
Unfortunately, the Turnpike chose to appeal the verdict to the…
PA House Considers “Landowner Bill of Rights”
Rep. Chris Quinn (R-Delaware) recently introduced a bill in the PA House that would require the Pennsylvania Office of Attorney General to create a brief document to clearly outline the rights and responsibilities property owners have during any land acquisition negotiations where eminent domain is being used. House Bill 2609, titled Landowner Bill of Rights,…
Our York Verdict Is Now Final
I tried a case in York County, PA involving a condemnation of the former York County Prison by the City of York RDA. The RDA claimed it was worth about $65,000. We presented evidence that the property was worth $1,250,000.
After less than ½ hour, the Jury returned a verdict of $1,250,000 – the full…
US House Passes Private Property Rights Protection Act
The United States House of Representatives passed the Private Property Rights Protection Act by voice vote. It seeks to prohibit condemnations for economic development or over property that is used for economic development within seven years after that taking. It applies to state and local takings if that governmental entity receives federal economic development funds.…
PA Court Allows Adverse Possession Claim Against Municipality
The PA Commonwealth Court recently held that a claim of adverse possession could be brought against a municipality when the municipality’s only use of the property during the statutory period was to hold the property for possible future sale. In City of Philadelphia v. Galdo, the City of Philadelphia obtained title to a property…