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

  • 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
  • 23 States Considering Valuation Legislation The Appraisal Institute reported April 17 that 37 bills affecting the valuation profession are pending in 23 states. According to the Appraisal Institute, the proposed legislation includes: Arizona SB 1197 which makes various changes to the state’s appraiser licensing law and appraisal management company oversight and registration law. California SB 70 which allows a state-licensed or state-certified appraiser to deviate from the Uniform Standards of Professional Appraisal Practice in certain circumstances. Connecticut SB 780 which allows real estate brokers and salespersons to estimate... More
  • PA Considers Bill Regarding Condemnation RR Properties PA State Senator John C. Rafferty, Jr. has announced that he intends to introduce legislation to aid railroads that may have its property condemned by utilities. He states that “The use of ‘quick take’ condemnation proceedings by a public utility company to avoid legitimate safety and operational concerns is detrimental to public safety and contrary to law. My legislation would provide the railroad industry with the necessary means to ensure public utility companies comply with federal safety regulations and engineering... More
  • PA Considers Broker Price Opinion Legislation The PA State House is considering a bill that would amend the state’s Real Estate Licensing Law. According the Bill’s sponsor, HB863 would define “a Broker Price Opinion (BPO) as ‘an estimate prepared by a broker, associate broker or salesperson that details the probable selling price of a particular parcel of real property and provides a varying level of detail about the property’s condition, market, and neighborhood, and information on comparable sales, but does not include an automated valuation model’... More
  • Missouri Considers Eminent Domain Legislation The Missouri State Legislature is considering a bill in response to a proposed electrical transmission line project. House Bills 640 and 795 were proposed by Rep. Nate Walker, R-Kirksville. If passed, the legislation would: Ask utility companies to use existing project routes when building on private property Require all future routing to take place along boundary or section lines Require all projects to avoid impeding irrigation and use agricultural machinery Require 60% of all land acquired in eminent domain to be given voluntarily Provide tougher restrictions... More
  • PA Court Remands Gas Storage Case A Pennsylvania appeals court remanded two cases for new hearings on whether a UGI Corp. subsidiary had properly taken the subsurface rights of private landowners by declaring their properties within a buffer zone surrounding an underground gas storage facility. In Carl Hughes v. UGI Storage Co. and John Albrecht v. UGI Storage Co., a Commonwealth Court en banc panel concluded that there needed to be a more thorough evidentiary hearing on how to apply a recent PA Supreme Court decision... More
  • TX Considering Another Eminent Domain Bill Texas State Rep. Justin Holland has submitted a bill seeking to include replacement costs of structures and fencing of a landowner in the original eminent domain appraisals. House Bill 2556 is one of a number of eminent domain bills pending in the Texas state legislature. The Texans for Property Rights Coalition has been encouraging eminent domain reform and support this bill. It consists of 25 organizations including the Texas and Southwestern Cattle Raisers Association, Texas Farm Bureau and the Texas... More