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

  • 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
  • SCOTUS Schedules Murr Argument The US Supreme Court has scheduled oral argument for November for an important eminent case. In Murr v. Wisconsin, the Court will consider wither governments may treat 2 distinct parcels that are contiguous and commonly owned as one parcel for purposes of regulatory taking analysis.  Lower courts are split on this issue. There has been significant briefing by the parties and other interested parties.... More
  • $5,250,000 Settlement Our team recently obtained a settlement worth over $5,250,000 in an eminent domain case. PennDOT, the condemnor, originally claimed the property was worth $1,811,000.  Untimely, we were able to settle for a value of $4,500,000 plus interest in the amount of about $7,500,000.  The property was an industrial property located in Philadelphia.  We were able to settle the case before a board of view hearing thereby minimizing the attorney’s fees.... More
  • TX Launches State Eminent Domain Database The Texas Comptroller’s office has launched a statewide online eminent domain database. This database will show entities who have exercise dthe power of eminent domain.  “This is clearly an area in which transparency is absolutely essential,” Texas Comptroller Glenn Hegar said. “Knowing who can use eminent domain is the first step to ensuring that this potentially oppressive power is used wisely.” The database contains 5,042 entities, including cities, counties, school districts, special purpose districts, pipeline and energy companies, water supply corporations,... More
  • NJ Property Taxes Cut $1.5M Under Freeze Act A New Jersey tax court judge has granted a property owner’s request to reduce its tax assessment by about $1.5 million.  The Court found that the taxes should have equaled a judgment entered two years earlier under the Freeze Act. In Norwood Realty Associates v. Township of Ocean, Judge Mala Sundar approved the property owner’s request to use the Freeze Act to substantially lower the taxes on a property located in Monmouth, Ocean Township. The property owner argued that the tax... More