Our Owners’ Counsel of America colleague Michael Rikon and his law firm have launched a new blog, “Bulldozers at Your Doorstep – A National Blog on Eminent Domain.”
The blog will give us Michael’s and his colleagues’ view of eminent domain and condemnation issues from their unique New York perspective, from lawyers who
In United States v. 0.073 Acres of Land, No. 11-31167 (Jan. 28, 2013), the U.S. Court of Appeals for the Fifth Circuit held that a townhome association’s right to collect maintenance assessments from its members was property under Louisiana law, but was not compensable property in an eminent domain action.
The case involved a
And so it begins. The Pacific Business News reports that “Honolulu rail board approves eminent domain to acquire 10 acres,” all or portions of two parcels in leeward Oahu.
Earlier, we posted the opinion of New York’s Appellate Division in New York Central Lines, LLC v. State of New York, No. 2011-03494 (Dec. 19, 2012), in which the court determined how to value a rail corridor when it is taken by eminent domain.
The court’s opinion was somewhat cryptic, so we thought we
One for you just compensation mavens. In City of Wichita v. Denton, No. 97952 (Kan. Jan. 4, 2013), the Kansas Supreme Court held that the city owed no compensation for the value of a billboard or the advertising income it produced for its owner when the city condemned the land on which the billboard
It’s time for the annual ALI-CLE (fka ALI-ABA) eminent domain conferences, to be held January 24-26, 2013 in Miami Beach, Florida.
In the “advanced” course, Eminent Domain and Land Valuation Litigation, we’ll be covering topics such as “Condemning Underwater Mortgages,” “An Engineer’s Role in Damage,” “How To Develop and Implement a Business Plan for
A quick one from the California Court of Appeal (Third District), holding that a trial court in an eminent domain case should not have granted the condemnor’s motion in limine, but should have allowed the property owner’s appraisal expert to testify regarding comparble sales. County of Glenn v. Foley, No. C068750 (Nov. 26, 2012
Check out New York Central Lines, LLC v. State of New York, No. 2011-03494 (Dec. 19, 2012), a short opinion from the New York Supreme Court Appellate Division (Second Department) (if you didn’t know that in New York, the trial court of general jurisdiction is the “Supreme Court,” and the intermediate court of appeals
Well, this is unusual, althought it should not be.
In this short order, the Supreme Court of Ohio has held the state’s Department of Natural Resources in contempt for not moving fast enough to compensate property owners whose land had been flooded. (In California, that would be called “normal planning delay.”)
In
In California, a property owner whose business suffers when the land is taken is entitled to goodwill under the state’s eminent domain code, and has the right to have a jury determine the amount of goodwill. But who makes the call when there’s a dispute about whether there’s any goodwill at all?
According to the