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

  • GA Approves Taking Of Blighted Properties For Economic Development The Georgia Legislature approved legislation allowing local governments to seize blighted property for economic development. House Judiciary Chairman Wendell Willard, R-Sandy Springs, said the change would give cities more options in dealing with persistently blighted areas. However, before a property is taken for an economic development project the condemnor must prove to a judge that the property is blighted and property owners can challenge that allegation.  ... More
  • 23 States Considering Valuation Legislation The Appraisal Institute reported April 17 that 37 bills affecting the valuation profession are pending in 23 states. According to the Appraisal Institute, the proposed legislation includes: Arizona SB 1197 which makes various changes to the state’s appraiser licensing law and appraisal management company oversight and registration law. California SB 70 which allows a state-licensed or state-certified appraiser to deviate from the Uniform Standards of Professional Appraisal Practice in certain circumstances. Connecticut SB 780 which allows real estate brokers and salespersons to estimate... More
  • PA Considers Bill Regarding Condemnation RR Properties PA State Senator John C. Rafferty, Jr. has announced that he intends to introduce legislation to aid railroads that may have its property condemned by utilities. He states that “The use of ‘quick take’ condemnation proceedings by a public utility company to avoid legitimate safety and operational concerns is detrimental to public safety and contrary to law. My legislation would provide the railroad industry with the necessary means to ensure public utility companies comply with federal safety regulations and engineering... More
  • 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