Another short one from New York’s Appellate Division (Second Department). In In re Village of Port Chester, No. D34768 (May 1, 2012), the court held that several parcels of land the Village condemned should be treated as a single unit for valuation purposes, and that “unity of use” was established by the property owners
Cert Denied In Manhattan Just Compensation Case
The Supreme Court will not be reviewing the case in which a Manhattan property owner and developer was challenging the compensation awarded by New York courts for a taking near Lincoln Center. River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012).
New York’s
Petition For Rehearing En Banc In Fed Cir Attorneys’ Fees Case: Small Property Owners Are Entitled To The Same Fee Awards As Large Property Owners
Here is the Petition for Rehearing En Banc, in Bywaters v. United States, No. 2011-1032 (Fed. Cir. Mar. 1, 2012), an opinion we detailed here. In that case, a split panel of the Federal Circuit held that the property owner’s request for attorneys fees under the Uniform Relocation Assistance and Real Property
Minn App: Relocation, Comparable Property, And Minimum Compensation
Here’s a short one for your just compensation files. In County of Dakota v. Cameron, No. 19HA-CV-09-3756 (Mar. 26, 2012), the Minnesota Court of Appeals held that Minnesota’s “minimum compensation” statute, “is ambiguous and that statutory intepretation is appropriate.” Slip op. at 7. The statute provides:
When an owner must relocate, the amount
The Bizarre Follow Up To New Jersey’s “Bizarre Condemnation”
Last we checked in, the case we’ve been referring to as the “bizarre condemnation” (Klumpp v. Borough of Avalon) was decided by the unanimous New Jersey Supreme Court in favor of the property owners, and remanded to the trial court for a determination of the compensation owed to the property owners
Petitioner’s Reply Brief In Manhattan Eminent Domain Case: Time To Reinvigorate The Just Compensation Clause
Here’s the final cert stage brief (Petitioner’s Reply) in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012), the case in which a Manhattan property owner and developer is challenging the compensation awarded by New York courts for a taking near
BIO In SCOTUS Just Compensation Case
Here’s the BIO in in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012), the case in which a Manhattan property owner and developer is challenging the compensation awarded by New York courts for a taking near Lincoln Center.
The Appellate Division denied
ALI-ABA Eminent Domain Conference 2012 Now On DVD & CD
In case you missed attending in person back in January, the annual eminent domain law conference (ALI-ABA’s Eminent Domain and Land Valuation Litigation) is now available on CD, mp3, and DVD here.
I was on the faculty, and along with Professor David Callies presented a session on The Role of Hawaii’s Unique Property
Kansas: Owner’s Claims In Property Tax Appeal Are Admissible In Later Eminent Domain Action
Court-appointed appraisers awarded $7.5 million for the taking of property once used as a shopping mall, but being used as an office park at the time of the taking. The property owner challenged the award, and at trial sought to exclude tax appeal documents from two years earlier, in which it estimated the value of
Amicus Briefs In Manhattan Just Compensation Case
Here are the other two amicus briefs in support of the petitioner in River Center LLC v. Dormitory Auth. of the State of New York, No. 11-922 (cert. petition filed Jan. 23, 2012).
That’s the case in which a Manhattan property owner and developer is challenging the compensation awarded by New York courts for