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
new jersey eminent domain
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…
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…