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Search Results (75) Documents on Eminent Domain, Real Estate Show: results per page Sort by:  | Boston 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.
| | 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;
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. ...
|  | Working 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.
| | Condemning 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...
| | 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;
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...
| | D.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...
| | California Court of Appeal Explains Hurdle for Recovering Good Will in Eminent Domain Cases
Jeffrey N. Brown, Paul M. 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...
| | Court 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...
| | Court 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...
| | Court 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...
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