Eminent Domain and Real Estate Valuation Blog


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

  • 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
  • NJ. ST. SEN CALLS FOR ACTION ON EMINENT DOMAIN BILLS NJ State Senator Diane Allen has called for a hearing on two NJ eminent domain bills.  In every legislative session since 2004, Senator Allen has introduced two bills aimed at eminent domain reform. One, S-2505, places a temporary moratorium on the use of eminent domain and creates the Eminent Domain Study Commission to examine its use. The other is a constitutional amendment, SCR-98, that would limit the use of eminent domain to the acquisition of land for essential public purposes. ... More
  • Calif. Supreme Court Rules on Access-Road Case California’s Supreme Court recently issued an opinion that could have far reaching implications in that state.  In City of Perris v. Richard C. Stamper, the Court ruled that a judge should decide whether the city would have required a property owner to give up the strip that was condemned as a zoning condition for developing his land before the jury decides the amount of just compensation. In that case, a city condemned a 1.66-acre strip that divided a nine-acre undeveloped parcel... More
  • Ill Court: Temporary Flooding Can Cause Taking A unanimous Illinois Supreme Court ruled that temporary flooding can cause a taking under the Illinois Constitution.  In Hampton et al. v. the Metropolitan Water Reclamation District of Greater Chicago, homeowners alleged that Chicago’s water reclamation district violated Illinois’ takings clause by diverting stormwater onto their properties. The lower state court wanted to know if the U.S. Supreme Court’s 2012 decision in Arkansas Game was at odds with prior Illinois law.  The Illinois Supreme Court held that the prior law was... More
  • Cal. Court: Jury May Decide Damages Caused By Precondemnation Testing The California Supreme Court held that state agencies may enter private properties for environmental and geological testing activities in some cases and that a jury may award damages if property is damaged during that testing.  In Property Reserve Inc. et al. v. The Superior Court of San Joaquin County et al., case number S217738, the California Department of Water Resources invoked precondemnation powers under the state’s Eminent Domain Law relating to entry and testing to conduct environmental and geological studies... More
  • $1,250,000 Win Last week 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... More
  • NC Senate Seeks To Place Eminent Domain Constitutional Amendment On Ballot The NC Senate Republicans gave initial approval to putting three constitutional amendments on the November ballot. One of those amendments seeks to restrict eminent domain powers.  An eminent domain amendment has been approved by the NC House five times since the 2005 U.S. Supreme Court Kelo decision.  The proposed amendment provides that private property cannot be taken for eminent domain except for a public use and that just compensation shall be paid and determined by a jury at the request... More