Private Equity VS Real Estate Transactions | Valuation Differences Between Practice & Real Estate
Assessments, Condos vs. Town Homes
How Property Owners Can Maximize Their Recovery When the government exercises its power of eminent domain – the right to take private property for public use – it must pay the property owner just compensation. But what does...more
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
This article examines whether increased mortgage interest costs and property tax assessments should be compensable under the Fifth Amendment's Just Compensation Clause. While courts have traditionally limited compensation in...more
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
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
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
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
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
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
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
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
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
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
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
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
City and county attorneys and those representing other governmental entities within Tennessee may soon find themselves regularly exercising their eminent domain powers as infrastructure projects increase across the state and...more