Eminent Domain and Real Estate Valuation Blog

http://eminentdomain.foxrothschild.com/

David writes a blog that provides updates and commentary regarding eminent domain and real estate related litigation. This is an excellent resource for real estate professionals, property owners and condemnors who may be embarking upon a new project.

Recent Blog Posts

  • N.C. House Again Attempts Eminent Domain Constitutional Amendment The NC House is considering a bill that would result in an eminent domain amendment to the NC Constitution. House Bill 3 would place the amendment on the November 2018 ballot. The bill would not allow private property to be taken by eminent domain, or to be condemned, except for public use. The bill does not define public use. The US Constitution and many states have similar requirement. Another bill adds communications and natural gas facilities and pipelines to those projects... More
  • Indiana Considers Eminent Domain Bill Indiana is considering a bipartisan eminent domain bill. House Bill 1260 made it out of the House of Representatives with a 95-0 vote and is expected to go before a Senate committee Monday. The bill is in response to a proposed freight train line by Great Lakes Basin Transportation. The proposed bill, which would take effect July 1 if it makes it out of the Senate and Gov. Eric Holcomb signs it, states that any rail line must follow Indiana’s... More
  • Judge Confirms Our $1.25 Million Jury Verdict I tried a case in York County, PA in July 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 $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 amount we... More
  • NC Court Of Appeals Blocks Payment To Property Owners The N.C. Court of Appeals has issued a stay of a Forsyth County Superior Court Judge’s order directing the N.C. Department of Transportation to make payments to property owners in the path of the Winston-Salem Northern Beltway. Forsyth Superior Court Judge John O. Craig entered an order would have set in motion a procedure for the DOT to begin paying landowners who won an inverse condemnation ruling last June from the N.C. Supreme Court. The State’s motion argued that Judge Craig’s... More
  • Hartford Must Pay Extra $3M For Property Taken Near Stadium A Connecticut Judge has ruled that the City of Hartford must pay an additional $3 million for property it acquired through eminent domain for development around Dunkin’ Donuts Park two years ago. The City acquired the three parcels in November 2014 for $1.98 million, based on the City’s appraisals. The property owner, Covered Bridge Ventures, appealed the price and a trial was held in February 2016. “The most astounding shortcoming of both the City’s appraising experts is that neither of them... More
  • TX Railroad Developer May Not Be A “Railroad” For Eminent Domain Purposes A Texas state judge has ruled that a case must go to trial where the issue is whether a high-speed rail project developer has the authority to survey private lands and pursue eminent domain in order to draw the best route for a train that would run from Dallas to Houston. In Texas Central Railroad & Infrastructure Inc. v. Calvin V. House, Texas Central Railroad & Infrastructure Inc. filed a motion for summary judgment asking the court to deem the... More
  • Austin Loses Suit Alleging Undervalued Tax Appraisals A Texas appellate court recently affirmed the dismissal of the city of Austin’s lawsuit claiming commercial and vacant property are being undervalued during property tax appraisals.  Austin sued the Travis Central Appraisal District after an appraisal review board in Travis County denied the city’s formal challenge to what it said was the systematic undervaluation of two classes of vacant and commercial properties. The city alleged the state’s property tax appraisal system is unconstitutional and creates two different standards of assessment,... More
  • NJ Requires Proof Of Reasonable Probability Of Approvals For Alternate Highest And Best Use The NJ Appellate Division recently decided a case involving an important and recurring issue – valuing a property for a use that requires land development approvals.  In New Jersey Transit Corp. v. Franco, Docket No. A-3802-12T4, the Appellate Division reversed the trial court due to “prejudicial error” in permitting the condemnees’ experts to value the property with an apartment complex as its highest and best use without establishing the reasonable probability of obtaining certain land development approvals. The Appellate Division explained... More
  • U.S. Subcommittee To Hold Hearing On Appraisals The Subcommittee on Housing and Insurance will hold a hearing entitled “Modernizing Appraisals: A Regulatory Review and the Future of the Industry” at 10:00 a.m. on Wednesday, November 16, 2016. This hearing will examine the appraisal industry since the creation of the Appraisal Subcommittee in 1989, review the Dodd-Frank Act’s impact on appraisers, consumers and stakeholders, and explore the future of appraisals, including alternative home valuation methods. The link to view the hearing is:  http://financialservices.house.gov/ This will be a one-panel hearing with... More
  • Eminent Domain Approved For El Paso Stadium The site for the $180 million Downtown arena south of the convention center was approved Tuesday by the El Paso City Council.  They also gave the authority to purchase properties and use eminent domain if necessary.  The plan was approved in a 7-0 vote after more than two hours of discussion.  The city can now begin negotiating with property owners to acquire the land.  Mayor Oscar Leeser stated he does not support the use of eminent domain. The arena will be... More