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Documents on eminent domain

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HTMLA Jury in an Eminent Domain Action Must Decide if “Reasonable Probability” Exists that Government Will Require Dedication of Land as Development Condition and if the Dedication is “Roughly Proportionate” to Potential Impacts of Remaining Development
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
August 30, 2013, previously published on August 29, 2013
A city planned to realign a truck route and offered the landowners compensation that valued the property as undevelopable agricultural land instead of its current zoning of light industrial. The city reasoned that the condemned portion of the property was undevelopable because if the landowners...


HTMLNJ Supreme Court Rules in Favor of Railroad in Condemnation Matter
John J. Reilly; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
August 26, 2013, previously published on August 2013
In Norfolk Southern Railway Company v. Intermodal Properties, LLC, decided on August 6, 2013, the New Jersey Supreme Court rejected the challenge of property owner Intermodal to the taking of its property by the railroad, thereby affirming the authority of Norfolk Southern to acquire by...


HTMLProperty Owners May Not Recover Precondemnation Damages for Decline in Property Values
Kendall H. MacVey, Jamey Wyman; Best Best & Krieger LLP;
Legal Alert/Article
August 17, 2013, previously published on August 15, 2013
In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship between the agency’s precondemnation conduct and a property’s...


HTMLCities' Use of Eminent Domain Raises Serious Constitutional and Damage Issues for Lenders, Loan Servicers and Trustees of Securitized Trusts
David N. Anthony, John C. Lynch, R.J. Nutter, Ethan G. Ostroff; Troutman Sanders LLP;
Legal Alert/Article
August 17, 2013, previously published on August 15, 2013
As politicians look for methods to assist local voters unable to pay their mortgages, cities may begin to exercise their eminent domain powers to seize homes and mortgages in order to prevent foreclosure. The city of Richmond, California recently became the newest proponent of this strategy, with...


HTMLCounty’s Interpretation of General Plan Amendment Amounted to Regulatory Taking
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
June 3, 2013, previously published on May 29, 2013
A county interpreted a voter-enacted amendment to its general plan to prohibit the completion of a self-storage facility on property owned by Lockaway Storage, a project that was in the works before the amendment went into effect. The county’s position was an “about face” from its...


HTMLBoston Mayor Threatens Filene's Developers With Eminent Domain Power
Sally Fitch LLP;
Legal Alert/Article
May 20, 2013
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.


HTMLPublic 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;
Legal Alert/Article
May 16, 2013, previously published on May 10, 2013
A 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. ...


Adobe PDFWorking With Eminent Domain Valuation Witnesses
Michael Rikon; McKirdy Riskin P.A.;
Legal Alert/Article
April 12, 2013, previously published by The Practical Real Estate Lawyer, The American Law Institute on March, 2013
This 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 valuation matters.


HTMLCondemning Municipalities Not Required to Negotiate With Mortgagees
Greenbaum Rowe Smith Davis LLP;
Legal Alert/Article
March 8, 2013, previously published on February 2013
In 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...


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...


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