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Documents on eminent domain
 

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HTMLN.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;
Legal Alert/Article
February 22, 2013, previously published on February 21, 2013
In 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...

 

HTMLShould 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;
Legal Alert/Article
February 22, 2013, previously published on February 20, 2013
As 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...

 

HTMLCourt 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;
Legal Alert/Article
January 16, 2013, previously published on January 14, 2013
A 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...

 

HTMLD.C. Court of Appeals Affirms Condemnation Award
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
January 8, 2013, previously published on December 2012
In 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...

 

HTMLCalifornia Court of Appeal Explains Hurdle for Recovering Good Will in Eminent Domain Cases
Jeffrey N. Brown, Paul Torres; Pircher, Nichols & Meeks;
Legal Alert/Article
December 12, 2012, previously published on December 6, 2012
A 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...

 

HTMLWinery 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;
Legal Alert/Article
December 7, 2012, previously published on December 6, 2012
A 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...

 

HTMLCourt Holds Condemnee Liable for Pre-existing Contamination Unless Able to Prove an Innocent Purchaser Defense in Subsequent Cost Recovery Action
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
December 4, 2012, previously published on November 2012
The Appellate Division determined that a property owner whose property was taken in condemnation must prove an innocent purchaser defense in the subsequent cost recovery action in order to avoid liability under the New Jersey Spill Compensation and Control Act (the Spill Act) for contamination that...

 

HTMLCourt Denies Temporary Taking Claims Resulting From Abandonment of Condemnation Actions
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
December 4, 2012, previously published on November 2012
Subsequent to the City of Long Branch having abandoned its condemnation actions for redevelopment purposes and having paid the property owners’ litigation expenses, certain property owners who had not released their claims in condemnation actions filed inverse condemnation claims alleging...

 

HTMLCourt Rejects Owner’s Challenge to Condemnation Based on the Failure to Conduct Bona Fide Negotiations
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
December 4, 2012, previously published on November 2012
The 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...

 

HTMLFederal Court In Texas Holds Coverage For Claims Alleging City Failed To Approve Zoning Permit Excluded By Inverse Condemnation Exclusion
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article
November 28, 2012, previously published on November 2012
A federal court in Texas recently held that coverage for claims that a municipality had deprived a property owner of the use, benefit and enjoyment of land is excluded under an inverse condemnation exclusion. City of College Station, Tex. v. Star Insurance Company, 2012 WL 4867568 (S.D. Tex. Oct....

 


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