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

  • 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
  • Arkansas Congressman Introduce Eminent Domain Bill Members of the Arkansas congressional delegation introduced legislation that could prevent construction of a new power line that would go from Oklahoma to Tennessee. If approved, federal officials would need permission from state officials before they could approve the use of eminent domain to build an electric power transmission facility within the state.  In addition, the project would have to be constructed, “to the maximum extent practicable,” on federal property. Arkansas Congressman introduced the same legislation in 2015, but it... More
  • NC House Approves Eminent Domain Bill The N.C. House voted 104-9 to approve a ballot question for a constitutional amendment limiting the power of eminent domain. The amendment would ban eminent domain in cases where government seizes property only to sell it to a private developer, by requiring that all property seized be for “public use.” Those uses could include utility infrastructure, roads and government facilities. The US and many state constitutions have similar requirements. The amendment would also give property owners who sue over eminent... More
  • California Considering Eminent Domain Amendment The California legislature is considering a bill that could increase the likelihood condemnees will be reimbursed its litigation expenses. Under the current law, a condemnee can recover litigation expenses, such as attorneys’ and experts’ fees, if a court finds that the condemning agency’s final offer of compensation was unreasonable and that the final demand of the condemnee was reasonable when considering the compensation ultimately awarded. AB 408 provides that if the condemnor’s offer is lower than 90 percent of the... More
  • $2.3 Million Victory I tried an eminent domain case last week in Bucks County, PA. The condemnor – the PA Turnpike Commission – alleged the property was worth $850,000. We alleged on behalf of the property owner that the property was worth $2.3 million. The jury deliberated for 3 hours and came back with a verdict of our exact amount – $2.3 million. I am thrilled for my clients who are great people.... More
  • 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