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

  • NC Supreme Court Allows Brokers’ Fair Market Value Testimony The North Carolina Supreme Court has held that real estate brokers may legally testify regarding the fair market value of real property in condemnation cases. In NCDOT v. Mission Battleground Leasco, LLC, the condemnee attempted to offer the testimony of a licensed real estate broker as to the property’s fair market value . The NCDOT argued against allowing the broker’s testimony based upon state law that says licensed real estate brokers are only allowed to provide opinions of the “probable... More
  • Appellate Court Affirms Our York Verdict I tried a case in York County, PA 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 alleged. Unfortunately, the... More
  • NJ Court Rejects Argument That Condemnor Drove Down Property’s Value A New Jersey appellate Court on Monday upheld a $4.4 million valuation of a parking lot condemned by the city of Hoboken. In Ponte Equities Inc. et al. v. City of Hoboken, the property owners sought additional damages claiming that the city lowered the market value of the 1-acre lot before taking it for a park. They argued that the valuation date should have been earlier due to these alleged actions. The court rejected the argument and held that there... More
  • SCOTUS Declines Fla. Keys Property Rights Appeal   The U.S. Supreme Court has decided not to hear the appeal of the owner of a Florida Keys island who alleged that increasingly restrictive development regulations have harmed his property rights. The property owner argued that the zoning of the 9-acre Bamboo Key as a bird rookery constituted a taking. Florida’s lower court ruled that the city of Marathon’s payment of rate of growth ordinance points, which can be used toward the purchase of one of a limited number of... More
  • SCOTUS Will Not Hear FL Eminent Domain Case The U.S. Supreme Court denied a petition to hear a developer’s case against the Florida Department of Environmental Protection over a permit denial for a beachfront parcel. The case relates to a DEP denial of a final permit for a project to build 17 luxury townhouse units on an oceanfront site. After the DEP’s decision, the developer lost the property through foreclosure, and a principal at the firm ended up with a roughly $10 million personal judgment, which prompted the... More
  • NYC May Use Eminent Domain To Deal With Homeless Issues To address the homeless crisis, NY City will acquire buildings that house homeless families to convert them to affordable housing, using with legal force if necessary. It has stated that it will use eminent domain if necessary. The city has rented apartments in private buildings to house homeless families since the Giuliani administration. On Wednesday, Mayor de Blasio said the city would buy 25 to 30 of the buildings where more than 50 percent of the occupants are homeless and turn... More
  • NJ Court Affirms Use Of Eminent Domain For Landfill A NJ appellate court ruled that the state’s Sports and Exposition Authority had the right to use eminent domain to acquire a landfill to continue solid waste disposal there. The Court held that the New Jersey Sports and Exposition Authority could use eminent domain to acquire the Keegan landfill. The agency also was not obligated to honor the terms of a prior agreement with the town of Kearny to turn the landfill into a public recreation space, dismissing the municipality’s allegations that the... More
  • SCOTUS Asked To Hear Tribal Land Condemnation Case A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The Tenth Circuit Court of Appeals held there is no federal law permitting tribal lands to be condemned. That Court affirmed a lower court’s decision. The Public Service Co. of New Mexico, also known as PNM, told the Supreme Court in a... More
  • GA Supreme Court: Condemnees Must Be Given Appraisal Summary Before Condemnation The Georgia Supreme Court has ruled that the city of Marietta violated the Georgia Landowner’s Bill of Rights when it condemned a grocery store without providing a summary of its appraisal to the property owner. The City argued that these provisions were not mandatory. This was rejected by a unanimous Court explaining that the law is “an essential prerequisite to the filing of a petition to condemn,” and that because the city failed to fulfill that prerequisite, its petition to... More
  • Louisiana Supreme Court Hears Eminent Domain Case   The Louisiana Supreme Court heard oral arguments whether St. Bernard Parish port officials violated Louisiana’s eminent domain laws when they seized a privately run port operation along a mile of Mississippi River frontage in 2010. The property owner argued that port officials were trying to take the property at a bargain price and transfer it to a competitor. Louisiana law provides that “no business enterprise or any of its assets shall be taken for the purpose of operating that enterprise... More