Procedures governing eminent domain actions differ in some respects from other areas of law. Notably, all issues, except the sole issue of compensation, are adjudicated by the court....more
As the Ides of April approach for individual tax filers, a mad dash to find tax savings is underway. Many real estate investors and professionals are quite familiar with the tax saving potential of a 1031 Exchange....more
The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more
This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more
On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,...more
In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property. That standard ignores the owners’ ‘subjective’ losses, such...more
When we take on an eminent domain case, our primary goal is to put our client in the best position possible. In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v....more
The Infrastructure Investment and Jobs Act (IIJA)—signed into law in 2021—authorizes $1.2 trillion in spending for public works projects, such as highway widenings. Millions of acres of private property will likely be needed...more
The payment of “just compensation” for the taking of private property includes more than merely writing a check to the property owner after a jury determines the current fair market value of the taking. A property owner is...more
One of the issues that comes up frequently in eminent domain is whether the proceeds a property or business owner will receive from the government is treated as ordinary income, capital gains or is exempt from federal and/or...more
A recent article from Border Report, Tijuana residents holding out for more money, slowing construction of border crossing, caught my attention. Not only because we're advising on the border crossing project on the U.S....more
Please join us on November 16, 2022, from 1:00 to 2:00 p.m. PT for "Partial Acquisitions: Project Benefits and Mitigation Strategies Related to Offsetting Severance Damages." Nossaman’s Bernadette Duran-Brown and Aleene...more
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more
For property owners, the process of eminent domain — the legal proceeding through which the government can acquire private property for a public purpose — can be a long and intimidating journey. Once an owner becomes aware...more
You received a Notice of Intent from the government or private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and tips on how to protect your rights during...more
Throughout all of the ups and downs in 2021, there have been multiple developments on the eminent domain front, including the special occasion where the U.S. Supreme Court heard a takings case. Outside of case law, 2021 saw...more
In Colorado, eminent domain (also known as condemnation) proceedings take place in several stages. These proceedings are similar to, but not the same as, other civil trials. Most attorneys — let alone property owners — do not...more
Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more
I regularly present on eminent domain, and one of the most common questions that came up this past year during live or remote presentations had to do with necessity determinations made by a condemning authority. ...more
When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation. This process is ultimately what a...more
About to enter eminent domain proceedings? Chances are your case falls into one of the three main ‘taking’ categories defined by your state’s constitution. 3 Basic ‘Takings’ Categories for Eminent Domain Cases in the...more
Property dedication requirements and eminent domain usually don’t mix well: they make for an odd and confusing set of valuation rules. For example, if an agency seeks to condemn property to build a road through an undeveloped...more
In the City of Fresno, the Tower Theatre is a bohemian landmark, opened in 1929 as a 20th Century Fox Movie House. This year, it became public that Adventure Church was buying the theatre, which has caused tensions to rise in...more
When a property owner suffers damage as a result of the actions of a public agency or public improvement, the owner typically pursues typical tort causes of action against the agency, along with a claim for inverse...more