News & Analysis as of

Fair Market Value Property Valuation Just Compensation

Ackerman & Ackerman, P.C.

Condemnation of Property Left Without Value or Utility: Total Takings Under Remnant Property Statutes

A central issue going to both the valuation of damages and the extent of a taking in eminent domain cases is whether the government or utility is required to take an entire parcel, beyond just a portion that may be required...more

Cranfill Sumner LLP

Just Compensation and Fair Market Value: Understanding Property Rights in Eminent Domain

Cranfill Sumner LLP on

When the government exercises its power of eminent domain to take private property for public use, the U.S. Constitution requires it to provide “just compensation” to the property owner. But what does “just compensation”...more

Nossaman LLP

Eminent Domain Valuation Complexities Involving the Project Influence Rule

Nossaman LLP on

Appraising a property being acquired through eminent domain involves a number of unique valuation rules, including highest and best use, larger parcel, date of value, and unique evidentiary restrictions on comparable sales...more

Ackerman & Ackerman, P.C.

Why condemnors should pay property owners’ attorney fees in eminent domain cases (and a 50-state survey on the issue)

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

Ackerman & Ackerman, P.C.

When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation

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

Nossaman LLP

Court Holds Agency Appraiser Not Required to Identify Specific Damages When Outweighed by Project Benefits

Nossaman LLP on

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

Snell & Wilmer

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

Snell & Wilmer on

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

Nossaman LLP

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

Nossaman LLP on

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

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