The North Carolina Supreme Court has held that real estate brokers may legally testify regarding the fair market value of real property in condemnation cases. In NCDOT v. Mission Battleground Leasco, LLC, the condemnee attempted to offer the testimony of a licensed real estate broker as to the property’s fair market value . The
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NJ Court Rejects Argument That Condemnor Drove Down Property’s Value
By David Snyder on
Posted in Eminent Domain
A New Jersey appellate Court on Monday upheld a $4.4 million valuation of a parking lot condemned by the city of Hoboken. In Ponte Equities Inc. et al. v. City of Hoboken, the property owners sought additional damages claiming that the city lowered the market value of the 1-acre lot before taking it for…
SCOTUS Will Not Hear FL Eminent Domain Case
By David Snyder on
Posted in Eminent Domain
The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit for a project to build 17 luxury townhouse units on an oceanfront site. After the DEP’s decision,…
NJ Court Affirms Use Of Eminent Domain For Landfill
By David Snyder on
Posted in Eminent Domain
A NJ appellate court ruled that the state’s Sports and Exposition Authority had the right to use eminent domain to acquire a landfill to continue solid waste disposal there. The Court held that the New Jersey Sports and Exposition Authority could use eminent domain to acquire the Keegan landfill. The agency also was not obligated…
SCOTUS Asked To Hear Tribal Land Condemnation Case
By David Snyder on
Posted in Eminent Domain
A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The Tenth Circuit Court of Appeals held there is no federal law permitting tribal lands to…
GA Supreme Court: Condemnees Must Be Given Appraisal Summary Before Condemnation
By David Snyder on
Posted in Eminent Domain
The Georgia Supreme Court has ruled that the city of Marietta violated the Georgia Landowner’s Bill of Rights when it condemned a grocery store without providing a summary of its appraisal to the property owner. The City argued that these provisions were not mandatory. This was rejected by a unanimous Court explaining that the law…
Louisiana Supreme Court Hears Eminent Domain Case
By David Snyder on
Posted in Eminent Domain
The Louisiana Supreme Court heard oral arguments whether St. Bernard Parish port officials violated Louisiana’s eminent domain laws when they seized a privately run port operation along a mile of Mississippi River frontage in 2010. The property owner argued that port officials were trying to take the property at a bargain price and transfer…
Agencies Issue Temporary Exceptions To Appraisal Requirements In Hurricane Areas
By David Snyder on
Posted in Appraisers
The Federal Reserve Board has issued a statement providing for temporary exception to appraisal requirements in hurricane areas affected by severe storms and flooding related to Hurricanes Harvey, Irma, and Maria. Below is that statement:
Responding to widespread damage caused by Hurricanes Harvey, Irma, and Maria, four federal financial institution regulatory agencies today took action…
Appraisal Groups Seek To Prevent Appraisal Waivers
By David Snyder on
Posted in Appraisers
35 appraiser organizations including the Appraisal Institute are asking Congress to prevent Freddie Mac and Fannie Mae from issuing appraisal waivers. Freddie and Fannie recently announced plans to no longer require appraisals for first purchase loans, as well as for mortgage refinancing. In a letter to the chairs and ranking members of the Senate Banking,…
PA Considers Bill Prohibiting Condemnations Land Locking Properties
By David Snyder on
Posted in Eminent Domain
A bill was introduced in the PA House of Representatives which stating that “in the case of a partial taking of the property of a condemnee, a condemnor may not render the remaining parcel inaccessible to the condemnee by creating a landlocked property with no ingress or egress to or from a public road or…