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Documents on eminent domain
 

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HTMLUnaccepted Offers as Evidence of Value?
Elliott B. Pollack; Pullman & Comley, LLC;
Legal Alert/Article
April 16, 2015, previously published on Winter 2015
When an ad valorem assessment is challenged as excessive or when the amount awarded for real property taken in an eminent domain proceeding is attacked as inadequate, the central dispute is value/compensation. In addition to fact and other expert witnesses, the litigants present appraisers’...

 

HTMLHeritage Value and Eminent Domain
Gregory F. Servodidio; Pullman & Comley, LLC;
Legal Alert/Article
April 16, 2015, previously published on Winter 2015
The famous case of Kelo v. New London decided by the Connecticut Supreme Court in 2003 eventually reached the U.S. Supreme Court, which rendered its decision in 2005. The lesson of Kelo was that governmental entities could take property by eminent domain for development by private entities even if...

 

HTMLNew Jersey Supreme Court Adopts Affirmative Defense Under Federal Law to Claims of Supervisory Harassment Under State Law
Duane Morris LLP;
Legal Alert/Article
March 3, 2015, previously published on February 20, 2015
On February 11, 2015, the New Jersey Supreme Court decided Aguas v. New Jersey and established that New Jersey employers have an affirmative defense to claims of vicarious liability for supervisory harassment arising under the Law Against Discrimination (LAD).

 

HTMLBoston Mayor Threatens Filene's Developers With Eminent Domain Power
Sally Fitch LLP;
Legal Alert/Article
February 18, 2015
The mayor of Boston said in March that he may condemn and seize the former Filene's Basement property slated for a multimillion-dollar building project currently stalled in the Downtown Crossing area. He also floated the idea of revoking the building permits that expire in August anyway.

 

HTMLHands off My Vehicle’s Black Box: Legislation to Protect New Jersey Drivers’ Privacy Rights May Soon Become Reality.
Jill L. Walsh; Thomas, Thomas & Hafer LLP;
Legal Alert/Article
December 19, 2014, previously published on October 31, 2014
Efforts are underway in New Jersey to enact legislation that would make data available in an automobile's event data recorder (a.k.a “EDR” or “black box”) the property of the vehicle's owner. EDRs have the ability to track an automobile’s speed, location, date of use...

 

HTMLNew Jersey Appellate Division Vacates Rehabilitation Area Designation of Former Industrial Complex in Hoboken
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
September 30, 2014, previously published on September 2014
On September 23, 2014, the New Jersey Superior Court Appellate Division issued a decision approved for publication in R. Neumann & Co. v. City of Hoboken, in which plaintiff Neumann challenged the Hoboken City Council’s 2011 designation of its landmark Observer Highway former industrial...

 

HTMLNorth Carolina Coop Entitled to Trial Over Condemnation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 9, 2014
North Carolina’s Rutherford Electric Membership Corporation will get another chance in court to condemn certain land on which it wishes to run transmission lines. Landowner Tim Sweeney, a Cary, North Carolina, video game developer, challenged the condemnation last spring, and the Superior...

 

HTMLTug-of-War for Martins Beach Access: Possible Eminent Domain Case
Glenn L. Block; California Eminent Domain Law Group, APC;
Legal Alert/Article
August 29, 2014, previously published by California Eminent Domain Law Blog
Private property owner has banned public access to Martins Beach Road which leads to Martins Beach. The public and some legislatures demand access to the beach. Possible eminent domain case may arise if Senate Bill 968 is signed by Gov. Brown.

 

HTMLCalifornia High Speed Rail Construction Slowed Down by Lack of Land
Arthur J. Hazarabedian; California Eminent Domain Law Group, APC;
Legal Alert/Article
August 29, 2014, previously published by California Eminent Domain Project News
California High Speed Rail's construction is slowed down because of the lack of land to build on. CHSRA has been acquiring property at a slow pace; acquisition rates must rise if CHSRA wants to meet its September 2017 deadline for the completion of the San Joaquin Valley tracks.

 

HTMLProposition 13: Property Tax Roll-Over in Eminent Domain Cases
Arthur J. Hazarabedian; California Eminent Domain Law Group, APC;
Legal Alert/Article
August 21, 2014, previously published by California Eminent Domain Law Blog
Recent Court of Appeals decision shines the light on Proposition 13 for cases in which eminent domain is involved.

 


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