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Documents on eminent domain
 

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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 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...

 

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...

 

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....

 

HTMLProposed Amendment to VA Constitution Raises Eminent Domain Issue
Vandeventer Black LLP;
Legal Alert/Article
November 15, 2012, previously published on November 2012
This is a big election year. Not only will Virginians be voting on the future president, but they will also be voting on a proposed amendment to the Virginia Constitution. The proposed amendment relates to property rights and eminent domain. Specifically, the amendment seeks to restrict the...

 

HTMLPublic Entity Did Not Have To Condemn Additional Private Property To Provide Substitute Access Road Where Affected Property Would Not Be Landlocked
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
October 10, 2012, previously published on October 5, 2012
A public entity that sought to condemn property that would result in elimination of a roadway easement to another property was not required to condemn additional private property to replace the road because the affected property would not be landlocked as a result of the condemnation. (Council of...

 

HTMLPrivately-Owned Utility Company Liable In Action For Inverse Condemnation
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
September 20, 2012, previously published on September 18, 2012
A court of appeal recently held that a privately-owned utility company may be held liable for inverse condemnation as a public entity. (Pacific Bell Telephone Company v. Southern California Edison Company (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 30, 2012).

 

HTMLTransfer of Development Rights in Virginia: Tapping into a Market for Land Use Entitlements
T. Preston Lloyd; Williams Mullen;
Legal Alert/Article
September 11, 2012, previously published on September 7, 2012
For many private property owners in rural areas of Virginia, the protection of undeveloped land raises economic considerations. The prospect of selling rural property to a developer may offer a tantalizing payday as suburban development approaches. When it comes to offering financial remuneration...

 

HTMLInadmissible Property Valuation Evidence Could Not Be Used To Impeach Expert During Eminent Domain Proceeding
William T. Chisum, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
August 30, 2012, previously published on August 24, 2012
A court of appeal recently held that inadmissible evidence could not be used during cross- examination to impeach an expert in an eminent domain proceeding. The court concluded that prior case law did not create a “cross-examination exception” regarding valuation evidence, which...

 


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