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Property Owners Eminent Domain Property Valuation

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

Ballard Spahr LLP

PA Supreme Court Clarifies Land Valuation Rules in Pignetti v. PennDOT

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In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more

Nossaman LLP

[Event] 2025 Southern California Eminent Domain Seminar - April 15th, Costa Mesa, CA

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Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th. These complimentary...more

Nossaman LLP

[Event] 2025 Northern California Eminent Domain Seminar - April 8th, Berkeley, CA

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Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th. These complimentary...more

Faegre Drinker Biddle & Reath LLP

What to Do When Facing a Government Taking: FAQs on Colorado Eminent Domain

You received a notice of intent or an offer to acquire your property from the government or a private company seeking to take your property. You probably have a lot of questions. Read on for answers to common questions and...more

Faegre Drinker Biddle & Reath LLP

Phases of an Eminent Domain Proceeding in Colorado

In Colorado, eminent domain (also known as condemnation) proceedings take place in several phases. These proceedings are similar to, but not the same as, other civil trials. Few attorneys — let alone property owners — have...more

Cranfill Sumner LLP

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

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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

Cranfill Sumner LLP

How Your Property Is Valued in an Eminent Domain Case

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Protecting Your Rights in Eminent Domain Cases - At our firm, we’re committed to ensuring the government doesn’t overstep its authority. Understanding the limits of the government’s eminent domain powers can give you...more

Cranfill Sumner LLP

What Is Eminent Domain?

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What is Eminent Domain? If you’re seeking a definition of eminent domain, you’ve likely recently received unsettling news from a government body or other entity with the power to take your property. It’s natural to ask,...more

Nossaman LLP

Eminent Domain Valuation Complexities Involving the Project Influence Rule

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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

Nossaman LLP

Condemnation Actions Must Be Brought to Trial Within Five Years

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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

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

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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

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

Understanding the Tax Implications of Eminent Domain Proceeds When Property is Condemned

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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

Nossaman LLP

How to Account for Increases or Decreases in Property Value Due to the Proposed Project

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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

Nossaman LLP

[Webinar] Partial Acquisitions: Project Benefits and Mitigation Strategies Related to Offsetting Severance Damages - November...

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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

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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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

Nossaman LLP

2021 Eminent Domain Case Law Year in Review

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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

Faegre Drinker Biddle & Reath LLP

Stages of an Eminent Domain Proceeding in Colorado

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

Nossaman LLP

On-Demand Webinar | Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies

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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

Nossaman LLP

[Webinar] Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies - August...

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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

Nossaman LLP

Don’t Forget to Value Those Billboards in Condemnation!

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When a public agency seeks to acquire property by eminent domain, the agency’s appraiser sometimes forgets to account for unique value attributes of the property. For example, the valuation may fail to take into account...more

Nossaman LLP

Top 10 Considerations When Retaining an Appraiser for Eminent Domain

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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

Nossaman LLP

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

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After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more

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