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Documents on eminent domain
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|Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until After CEQA Compliance|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
May 16, 2013, previously published on May 10, 2013A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California Environmental Quality Act to complete environmental review first. ...
|Working With Eminent Domain Valuation Witnesses|
Michael Rikon; McKirdy Riskin P.A.;
April 12, 2013, previously published by The Practical Real Estate Lawyer, The American Law Institute on March, 2013This article discusses some of the key issues to consider
and address when retaining expert witnesses and working
with them in the preparation of their reports in real estate
|Condemning Municipalities Not Required to Negotiate With Mortgagees|
Greenbaum Rowe Smith Davis LLP;
March 8, 2013, previously published on February 2013In Borough of Merchantville v. Malik & Son, LLC (A-3745-11T4), decided on February 5, 2013 and approved for publication, the New Jersey Appellate Division affirmed that the condemning municipality was only required to conduct pre-complaint bona fide negotiations with the record owner of the...
|N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action|
David R. Augustin, Christopher Bender, George J. Kroculick, Michael J. McCalley; Duane Morris LLP;
February 22, 2013, previously published on February 21, 2013In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of foreclosure on the subject property, prior to the initiation of an eminent...
|Should Property Owners Beware? - The Impact of the Construction of Public Works on Property Owners: Antrim Truck Centre Ltd. v. Ontario (Minister of Transportation) 2011 ONCA 419|
Signe Leisk, Melissa Winch; Cassels Brock & Blackwell LLP;
February 22, 2013, previously published on February 20, 2013As a property owner, you may be wondering what damages you are entitled to should your property become negatively impacted by the construction of a public work, such as road widening or highway repairs. If your property is located on the side of, or close to, a highway, this may be of particular...
|Court of Appeal Clarifies The Expert Valuation Evidence A Jury Should Be Able To Consider In An Eminent Domain Action|
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
January 16, 2013, previously published on January 14, 2013A trial court granted a county’s motion in limine to exclude the valuation testimony of an expert witness regarding comparable sales in an eminent domain action. The court of appeal held that the evidence regarding comparable sales should not have been excluded, and the jury should have been...
|D.C. Court of Appeals Affirms Condemnation Award|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
January 8, 2013, previously published on December 2012In this condemnation case, the Court addressed the District of Columbia’s revitalization project for the Skyland Shopping Center. Appellant, Mary Rose Greene (hereafter “Greene”), owned property near the shopping center. After a portion of her property was condemned, a jury trial...
|California Court of Appeal Explains Hurdle for Recovering Good Will in Eminent Domain Cases|
Jeffrey N. Brown, Paul Torres; Pircher, Nichols & Meeks;
December 12, 2012, previously published on December 6, 2012A recent decision by the California Court of Appeal for the Second Appellate District held, for the first time, that the trial judge is the gatekeeper for landowners seeking goodwill in eminent domain actions. People ex rel. Dep’t of Transportation v. Dry Canyon Enterprises, LLC., 2d Civil...
|Winery Which Has Plans for Pricy Premium Wine, But Has Not yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines Are Taken in Eminent Domain Action|
William T. Chisum, Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
December 7, 2012, previously published on December 6, 2012A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation for lost goodwill when the State acquires a portion of the vineyard land for...
|Court Rejects Owner’s Challenge to Condemnation Based on the Failure to Conduct Bona Fide Negotiations|
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
December 4, 2012, previously published on November 2012The property owner in this case challenged the partial taking of its property on the basis of the State of New Jersey’s failure to conduct pre-complaint bona fide negotiations and to reasonably disclose the manner in which the amount of the State’s offer was calculated as required by...