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

  • Utah Considers Charter School Eminent Domain Issues The Utah legislature is considering policy changes regarding the acquisition of land for new charter schools and further expansions of existing schools. Specifically, there currently is uncertainty as to the eminent domain powers of charter schools in that state. The Utah Administrative Rules Review Committee questioned what authority charter schools have to call on the state to seize property through eminent domain laws. Kristen Elinowski, a spokeswoman for the State Charter School Board, said because Utah’s eminent domain statute predates Utah’s... More
  • GA Supreme Court Considering Landowner’s Bill of Rights Case The Georgia Supreme Court is considering an important case involving the state’s 2006 Landowner’s Bill of Rights statute. At issue is whether certain provisions of that statute are mandatory or merely advisory. The GA appeals court ruled that the City of Marietta violated that statute by not providing the property owner with details of the city’s appraisal of his property. The Landowner’s Bill of Rights says that the condemning authority should give the property owner an opportunity to accompany the appraiser... More
  • Oregon Establishes Statute of Limitations on Appraiser Liability Oregon has enacted legislation establishing a specific statute of limitations on civil actions against appraisers and appraisal firms for real estate appraisal activity. The law takes applies only to appraisals performed after January 1.  It requires that any civil action against an appraiser or an appraisal firm commence within six years after the date of the “act or omission giving rise to the action.” The limitations will not apply to actions that allege fraud or misrepresentation.... More
  • Judge Finds Florida Just Compensation Law Applies To Federal Pipeline Case Property owners whose land will be taken for the Sabal Trail Transmission LLC’s natural gas pipeline should be compensated under Florida law rather than federal rules, a Florida federal judge ruled. In Sabal Trail Transmission LLC v. Real Estate et al, U.S. District Judge Mark Walker denied the pipeline’s request that eminent domain compensation be determined pursuant to the federal “just compensation” standard.   The primary difference is that Florida’s just compensation includes attorneys’ fees and other expenses. Federal procedure does not... More
  • NJ Court: State Can Condemn Easements For Beach Repair The New Jersey Appellate Division has held that the government can condemn easements for beach projects. In that case, the DEP sought voluntary easements from the landowners as part of a dune-and-berm system spanning the entire 18-mile length of Long Beach Island and 14 miles along Ocean County. The Court rejected the challenges of Ocean County property owners. The Court stated that the question was whether the specific eminent domain law at issue, N.J.S.A. 12:3-64, restricts the DEP to acquiring... More
  • Tennessee Enacts New Appraisers Statute Of Limitations Law Tennessee has enacted a law establishing a new statute of limitations regarding civil lawsuits and disciplinary actions against real estate appraisers. Under HB 376, any action to recover damages against a real estate appraiser must be brought within one year from the discovery of the act of omission giving rise to the action. However, in no event can an action be brought more than five years after the date the appraisal was performed. Additionally, the Tennessee Real Estate Appraiser Commission cannot consider a... More
  • Florida Changes Appraiser Licensing Law Florida has enacted a bill changing its appraiser licensing law. HB 927 includes changes advocated by the Appraisal Institute. The law defines an “evaluation” as a “valuation permitted by any federal financial institutions regulatory agency for transactions that do not require an appraisal” and clarifies that a state-licensed appraiser may perform an evaluation. According to AI, appraisers in Florida were prevented from providing evaluations that are not in full compliance with the Uniform Standards of Professional Appraisal Practice even though federal requirements... More
  • Tennessee Prohibits Eminent Domain For Industrial Parks. Tennessee has enacted a law that will prohibit the use of eminent domain to condemn land for industrial parks. It deletes the “industrial parks” exception for takings under 29-17-102 (E), . It also provides that any property taken must fall under the strict definition of “public use” as defined by T.C.A. 29-17-102, which references the Fifth Amendment of the U.S. Constitution and the Tennessee Constitution. In addition, it requires the condemning government body to compensate land owners for engineering fees,... More
  • Texas Considers Eminent Domain Bill The Texas Senate approved an eminent domain bill intending to expand on current legislation. The bill’s author, State Senator Lois Kolkhorst, said “This bill is designed to build off of Senate Bill 18 six years later as we’ve learned through the process that there are things that can be improved on.” The bill, SB 740, would require a condemnor to clearly inform landowners that they have the right to speak with a representative of the condemnor and a representative of the... More
  • GA Approves Taking Of Blighted Properties For Economic Development The Georgia Legislature approved legislation allowing local governments to seize blighted property for economic development. House Judiciary Chairman Wendell Willard, R-Sandy Springs, said the change would give cities more options in dealing with persistently blighted areas. However, before a property is taken for an economic development project the condemnor must prove to a judge that the property is blighted and property owners can challenge that allegation.  ... More