Just Compensation | Appraisal

From The Mayor (G): we’re “[t]aking these troubled loans off the hands of the [predatory] banks … and we’re paying them fair market value.” The video just gives you a whole lot of confidence that they know what they’re doing, does’t it?

The elephant in the room Her Honor doesn’t address about one big reason

That story about Richmond, California starting down the path of using eminent domain to take underwater mortgages is taking on a life of its own. Here’s the latest.

Before we bombard you with links to the most recent commentary and stories, here’s some backstory. Remember how we said this was taking on an “Occupy” flavor

Here’s what we’re reading today:

  • Our Owners’ Counsel colleague from

Update: Here’s more from the San Francisco Chronicle. As you read this and other stories on the issue, this begins to take on an “occupy” tone and a let’s-stick-it-to-the greedy-lenders flavor. Not a good sign for a considered use of eminent domain.

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Like a visiting relative, the proposal to

Here’s the amicus brief of Atlantic Legal Foundation which urges the Supreme Court to review the Fifth Circuit’s decision in United States v. 0.073 Acres of Land, 705 F.3d 540 (5th Cir. 2013).

That’s the case in which the Fifth Circuit held that the association’s right to collect maintenance fees, recognized as property under

Here’s the latest from the Wisconsin Supreme Court. In Waller v. American Transmission Co., LLC, No. 2013AP805 (July 16, 2013), the court held that when a partial taking for an easement for transmission lines substantially impaired the economic viability of the remnant parcel, the condemnor is liable for taking the entire parcel.

Gideon Kanner

A coalition of law professors including property law scholars Richard Epstein, James Ely, and Ilya Somin, along with the Cato Institute have filed an amicus brief supporting the cert petition in Mariner’s Cove Townhomes Ass’n v. United States, No. 12-1453 (cert. petition filed June 12, 2013).

That’s the case in which the Fifth Circuit

We’ve been offline for a few days, but wanted to pick up this decision in an important case we’ve been following about the valuation of protective dunes on the Jersey Shore, and general and special benefits.

In Borough of Harvey Cedars v. Karan, No. 070512 (July 8, 2013), the New Jersey Supreme Court held

Here’s one we’ve been meaning to post for a few days because it involves the nuts-and-bolts of eminent domain and inverse condemnation work — the calculation of just compensation and damages, and another victory for colleague Thor Hearne.

In a rails-to-trails taking case our of Florida, McCann Holdings, Ltd. v. United States, No.

Remember the case in which the Fifth Circuit held that a townhome association’s right to collect maintenance fees — recognized as property under state law — is not “compensable property” in an eminent domain action? In United States v. 0.073 Acres of Land, 705 F.3d 540 (5th Cir. 2013), the court held concluded that