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.
new jersey eminent domain lawyer
La. Appraisers Board Can’t Challenge FTC Case Yet: 5th Circ.
The 5th Circuit ruled that it was premature to review the Louisiana Real Estate Appraisers Board allegation that a Federal Trade Commission action cut into competition. The FTC alleged in its 2017 complaint that the Board interfered with the free market and restrained price competition by limiting the ways appraisal management companies could calculate an…
Pimlico: Baltimore Using Eminent Domain To Take The Racetrack
Attorneys for the Pimlico Race Course owners say the city of Baltimore is trying to gain control of the racetrack and the signature Preakness Stakes race through eminent domain. The Stronach Group attorneys sent a letter saying the City filed a lawsuit that is a “transparent ploy to gain some sort of negotiating leverage over…
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…
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…
Property Owners Seek $27M In Illinois Assessment Bias Suit
A group of Cook County property owners have filed suit in Illinois federal court alleging that they are owed more than $27 million in property tax refunds due to discriminatory assessments by the County’s Treasurer and Assessor. These property owners claim they paid taxes at significantly higher levels than other taxpayers in the same class.…
Pennsylvania Passes Law Allowing Limited Broker Price Opinions
Pennsylvania Gov. Tom Wolf signed HB 863, which allows the PA’s real estate brokers, associate brokers and salespeople to provide broker price opinions. The law defines a BPO as “an estimate … that details the probable selling price of a particular parcel of real property and provides a varying level of detail about the property’s…
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.…
Ill. Court: Tax Appeal Attorneys Not Engaged in Appraisal Practice
The Circuit Court of Cook County, Illinois (Chancery Division) ruled that attorneys who referenced comparable property valuations and market values based on an income approach as part of tax appeal proceedings were simply engaged in the traditional practice of law and not in appraisal practice. In Illinois State Bar Association vs. Illinois Department of Financial…