Eminent Domain and Real Estate Valuation Blog

https://eminentdomain.foxrothschild.com/

Fox's Eminent Domain and Real Estate Valuation Blog is a timely, practical resource for real estate professionals, property owners and condemnors who may be embarking upon a new project. Join David Snyder, Eminent Domain/Condemnation Practice Group Co-chair, as he offers useful commentary on developments in the law, project updates and helpful tips.

Recent Blog Posts

  • 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
  • NJ Court Addresses Escrow For Contaminated Condemned Properties The Appellate Division of Superior Court decided a case addressing the amount that should be held in escrow in eminent domain cases involving contaminated properties.  In Housing Authority v. Suydam Investors, L.L.C., the NJ Supreme Court held that in an eminent domain case involving a contaminated property, the condemnor may seek an order requiring estimated remediation costs to be set aside in escrow.  In New Jersey Transit Corporation v. Mary Franco, the Appellate Division the court held that the escrow... More
  • PA Group Formed To Fight Eminent Domain Pennsylvania citizens have formed a new group aimed to change the way eminent domain is applied in Pennsylvania.  The group, called Protect Our Pennsylvania, held a rally at the State Capitol Tuesday. At this point, their primary focus is limiting the seizure of private property for pipeline projects. The group is not promoting a specific piece of legislation but has begun discussions with several legislators.... More