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State and Local Government › Eminent Domain › Just Compensation

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

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

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

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

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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)

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

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

Nossaman LLP on

We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...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

Nossaman LLP

Crafting Settlement Agreements in Eminent Domain

Nossaman LLP on

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

Nossaman LLP

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

Nossaman LLP on

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

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