Eminent Domain and Real Estate Valuation Blog

http://eminentdomain.foxrothschild.com/

David writes a blog that provides updates and commentary regarding eminent domain and real estate related litigation. This is an excellent resource for real estate professionals, property owners and condemnors who may be embarking upon a new project.

Recent Blog Posts

  • Threshold for Loan Exemption from Appraisal Requirements Will Remain at $27,200 The Consumer Financial Protection Bureau, Federal Reserve Board, and Office of the Comptroller of the Currency announced that the threshold for exempting loans from special appraisal requirements for higher-priced mortgage loans during 2021 will remain at $27,200 (2020’s threshold).  Dodd-Frank added appraisal requirements for higher-priced mortgage loans, including a requirement that creditors obtain a written appraisal based on a physical visit to the home’s interior before making a higher-priced mortgage loan. The rules implementing these requirements contain an exemption for... More
  • Illinois Bill Seeks To Address Appraisal Discrimination A bill was introduced in the Illinois state legislature to prohibit discrimination in appraisals.  HB 5862 states that an appraiser or real estate licensee engages in prohibited discrimination “when he or she considers the actual or perceived race, color, religion, or national origin of the owner of the real estate or the residents of the geographic area in which the real estate is located when determining the market value of the real estate.”  If enacted, it would permit civil suit... More
  • Third Cir.: State Law Governs Measure of Just Compensation Standard In Pipeline Case The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property pursuant to a federal statute – the Natural Gas Act of 1938 (“NGA”) – and filed the case in federal court. The issue then became whether Pennsylvania eminent domain law governed the issue of the amount of just compensation in that case. PA law could require... More
  • La. Appraisers Board Can’t Challenge FTC Case Yet: 5th Circ. The 5th Circuit ruled that it was premature to review the Louisiana Real Estate Appraisers Board allegation that a Federal Trade Commission action cut into competition.  The FTC alleged in its 2017 complaint that the Board interfered with the free market and restrained price competition by limiting the ways appraisal management companies could calculate an appraiser’s pay.... More
  • Pimlico: Baltimore Using Eminent Domain To Take The Racetrack Attorneys for the Pimlico Race Course owners say the city of Baltimore is trying to gain control of the racetrack and the signature Preakness Stakes race through eminent domain.  The Stronach Group attorneys sent a letter saying the City filed a lawsuit that is a “transparent ploy to gain some sort of negotiating leverage over the owners of the Maryland Jockey Club and the Preakness Stakes.” Proposed legislation would make state funds available for The Stronach Group to revamp another site,... More
  • CT Committee Approves Eminent Domain Bill A Connecticut legislative committee approved a bill to restrict public taking of private land for economic development purposes. The bill would prohibit state and municipal redevelopment agencies from using eminent domain to take property to be used as part of a private development project. According to press accounts, there are a number of potential issues that may work against pas-sage of the bill. “I’m not certain that this will continue forward past today,” said Rep. Cristin McCarthy Vahey, D-Fairfield, co-chairwoman of... More
  • TX Legislator Files Eminent Domain Reform Legislation TX State Senator Lois W. Kolkhorst joined several statewide advocates for property rights to announce the filing of Senate Bill 421 which seeks to strengthen Texas property rights. If passed, Kolkhorst said the legislation would create a substantially more fair, equitable and transparent eminent domain process. “Since the days of Sam Houston and Stephen F. Austin, Texans have valued on our freedom to own private property,” said Kolkhorst. “To continue that proud tradition, I have filed SB 421 to see... More
  • SCOTUS REHEARS EMINENT DOMAIN CASE WITH KAVANAUGH ON BENCH The US Supreme Court reheard oral arguments on whether a property owner can have a federal court decide an inverse condemnation case without first exhausting state remedies. In Knick v. Twp. of Scott, the property owner alleged that the enactment of a law constituted an inverse condemnation. SCOTUS first heard argument on the case on October 3, 2018 before Justice Kavanaugh’ confirmation. After his confirmation, the Court ordered a second round of oral argument. The property owner, represented by the... More
  • Our Team Obtains $1.75M Eminent Domain Jury Verdict I recently had a trial regarding a partial taking of a trucks stop located outside of Harrisburg, PA. The Condemnor/Township claimed the damages were $0. We argued that the damages were $1.75M. After a four day trial, a Dauphin County jury awarded the full $1.75M. As a result, our client will also receive another $750,000 in other damages.  We are thrilled for our client.... More
  • Our Bucks County Verdict Is Now Final I tried a case in Bucks County, PA involving a condemnation by the Pennsylvania Turnpike Commission.  PennDOT claim the property was worth $850,000. We presented evidence that the property was worth $2,300,000.  The Jury returned a verdict of $2,300,000 – the full amount we alleged. Unfortunately, the Turnpike chose to appeal the verdict to the Commonwealth Court. The Court affirmed that verdict. The RDA filed a petition asking the PA Supreme Court to hear it’s appealed. The Court denied that petition. So,... More