Once Removed Episode 10: Trustee Removal and Case Update on Leo Kahn Revocable Trust
Red Hot Apartment Investment Market Starts to Cool
State Land Use Board Weighs in on Oregon Coast Fight Over Short Term Rentals
Developing Philly: The State of Philadelphia's Tax Abatements in 2022
Title Insurance and Your Transaction
Lead Exposure Claims: Proactive Strategies for Effective Resolution
Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Law Brief®: Robert Wolf, Alexander Tiktin and Richard Schoenstein Discuss the Continuing Foreclosure/Eviction Moratorium
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
Law School Toolbox Podcast Episode 310: Listen and Learn -- Adverse Possession
Managing Apartment Turnover: From Launch to $10M Series A, with Rent Ready's Jonathan Kite
Bar Exam Toolbox Podcast Episode 144: Listen and Learn -- Adverse Possession
Law School Toolbox Podcast Episode 305: Listen and Learn -- Property Crimes
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
On-Demand Webinar | Living on the Edge: Managing Sea Level Rise in California
Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
Design-Build: Everything That Was Old Is New Again
Law Brief: Your Ad Here: Outdoor Advertising and the Law
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
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
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
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
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
Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more
When a public agency is acquiring private property for a public project, typically the key issue in dispute is how much the agency should pay -- what is “just compensation”? ...more
While inverse condemnation liability in California originates from the California Constitution, determining when it applies -- and under what circumstances -- is based on a lengthy morass of case law that has been described...more
In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more
In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the...more
As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more
In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more