News & Analysis as of

State and Local Government › Condemnation › Just Compensation

Ackerman & Ackerman, P.C.

Acquisition Agents and the Good Faith Offer Requirement for Condemnation Projects

Ackerman & Ackerman, P.C. on

Condemning agencies contemplating the use of eminent domain at times hire third-party acquisition agents to purchase properties ahead of an incoming infrastructure project without the provision of written good faith offers....more

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

Ballard Spahr LLP on

In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more

Nossaman LLP

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

Nossaman LLP on

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)

Ackerman & Ackerman, P.C. on

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

Ackerman & Ackerman, P.C. on

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

Farrell Fritz, P.C.

The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

Farrell Fritz, P.C. on

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just...more

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