The Appellate Division of Superior Court decided a case addressing the amount that should be held in escrow in eminent domain cases involving contaminated properties. In Housing Authority v. Suydam Investors, L.L.C., the NJ Supreme Court held that in an eminent domain case involving a contaminated property, the condemnor may seek an order requiring
pennsylvania eminent domain lawyer; new jersey eminent domain lawyer; real estate valuation lawyer
PA Group Formed To Fight Eminent Domain
Pennsylvania citizens have formed a new group aimed to change the way eminent domain is applied in Pennsylvania. The group, called Protect Our Pennsylvania, held a rally at the State Capitol Tuesday. At this point, their primary focus is limiting the seizure of private property for pipeline projects. The group is not promoting a specific…
TX Launches State Eminent Domain Database
The Texas Comptroller’s office has launched a statewide online eminent domain database. This database will show entities who have exercise dthe power of eminent domain. “This is clearly an area in which transparency is absolutely essential,” Texas Comptroller Glenn Hegar said. “Knowing who can use eminent domain is the first step to ensuring that this…
Ill Court: Temporary Flooding Can Cause Taking
A unanimous Illinois Supreme Court ruled that temporary flooding can cause a taking under the Illinois Constitution. In Hampton et al. v. the Metropolitan Water Reclamation District of Greater Chicago, homeowners alleged that Chicago’s water reclamation district violated Illinois’ takings clause by diverting stormwater onto their properties.
The lower state court wanted to know…
$1,250,000 Win
Last week I tried a case in York County, PA involving a condemnation of the former York County Prison. My clients purchased the property in the ‘80s and were waiting for the right time to develop the property when it was taken by the City of York RDA.
The RDA claimed it was worth about…
NC Senate Seeks To Place Eminent Domain Constitutional Amendment On Ballot
The NC Senate Republicans gave initial approval to putting three constitutional amendments on the November ballot. One of those amendments seeks to restrict eminent domain powers. An eminent domain amendment has been approved by the NC House five times since the 2005 U.S. Supreme Court Kelo decision. The proposed amendment provides that private property cannot…
NC Court Finds NCDOT Statute Constitutes Taking
North Carolina’s Supreme Court held that a state law carving out potential future highway projects represented an unconstitutional taking of residents’ property without just compensation. In Kirby et al v. North Carolina Department of Transportation, 56PA14-2, a group of Winston-Salem landowners challenged the state’s Roadway Corridor Official Map Act, better known as the Map…
Appraisal Institute Lobbies Congress Regarding Appraisal Process
The Appraisal Institute has reported that it will lobby Congress for the modernization of the appraisal regulatory process. The issues the Appraisal Institute want to see addressed include the relationship of Federal and state regulations, the ability of appraisers to work in multiple states, more flexibility in the appraisal process and better processes for sharing…
SCOTUS Won’t Hear Fla. Apartment’s Takings Suit
The U.S. Supreme Court declined to hear a Florida apartment complex’s class action challenge to a state law allowing the government to keep most of the interest on funds the county court held during eminent domain proceedings. Jupiter, Florida, apartment complex Mallards Cove LLP asked SCOTUS to hear its inverse condemnation suit against the Florida…
Md. High Court Allows Post-Cutoff Tax Assessment Evidence
Maryland’s highest court recently held that the tax court can value a property by relying on sale prices of comparable properties bought soon after a cutoff date for the assessment. In Ann Lane v. Supervisor of Assessments of Montgomery County, the Maryland Court of Appeals concluded that the Maryland Tax Court had properly taken into…