A Primer on Valuing a Condemnation Case: The Sales Comparison Approach
In the typical condemnation case (if there even is such a thing as a “typical” case), the “fair market value” of the property taken, plus any damages to any remaining property is the measure of the award of just compensation. The appraisal profession employs the term “market value” defined as: The most probable price, as...
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Water Company Considers Condemning Alabama Neighborhood
Many of the typical eminent domain cases involve circumstances where a condemnor (i.e., the taking authority) seeks to take a solitary parcel of property, or a portion of the same, to further a public project. So, when we catch wind of a story where a water company is seeking to seize a city neighborhood, it...
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The Heavy Burden of Eminent Domain
Can The Government “Take” Private Property? In theory, eminent domain is the inherent power of the government to “take” private property for “public use.” When the government elects to exercise this power, the Constitution requires that “just compensation” be paid to the property owner in exchange for the taking. Based on this theory, it is...
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Let’s Make a Deal: Ocean County Set to Acquire Campground Site for $5.9M
Many of our blog posts focus on the run-of-the-mill condemnation case, that is, when pre-litigation negotiations fail, and the government legally “takes” private property for public use in exchange for “just compensation.” It’s about time we shed some light on an alternative case where the condemning agency avoids exercising its eminent domain power by entering...
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Is “Discovery” Permitted in a New Jersey Condemnation Case?
In civil litigation, the “discovery” process is a valuable tool for the parties to receive and exchange certain facts, documents, and other information (i.e., evidence) relative to the issue(s) at hand. Most causes of action permit liberal discovery which can be an expensive and timely endeavor for litigants and counsel. However, condemnation cases in New...
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Where Does the Government’s Money Come From to ‘Take” Private Property?
If you read the title of today’s post, I can guarantee you that the money does not grow on trees! As you know, the government is required to pay “just compensation” when it takes private property, and that value can vary from hundreds of dollars to multiple millions of dollars depending on the size and...
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A Primer on Relocation Benefits in New Jersey
In New Jersey, persons displaced by a governmental taking, assuming they satisfy all statutory requirements, are entitled to relocation assistance under the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. (state implementation of requirements of federal Uniform Relocation Assistance Law), the Relocation Assistance Law of 1967, N.J.S.A. 52:31(b)-1 et seq. (applicable to all displacements, including condemnation...
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JP Morgan Chase CEO Suggests Eminent Domain to Fuel Green Infrastructure Investment
Jamie Dimon, Chairman and CEO of JP Morgan Chase issued his annual shareholders’ letter a few days ago. The letter is akin to a “state of the Union” address, while focusing on JP Morgan Chase’s successes of the prior year, as follows: “2022 was somewhat surprisingly another strong year for JPMorgan Chase, with the firm...
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Do Takings Claims Survive Transfer of Title?
Read an interesting opinion by a California trial court dismissing an inverse condemnation action.NCP Imperial v. L.A. County, 2022 Cal. Super. LEXIS 60513 An inverse condemnation action alleges that private property has been taken for public use without just compensation. A prevailing plaintiff gets a condemnation valuation case. The majority of the “inverse” opinions I...
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Regulatory Taking Affirmed by Texas Court of Appeals
On August 1, 2022, the Fifth District Court of Appeals in Dallas, Texas affirmed a $33 million dollar jury verdict in favor of a property owner on a regulatory taking claim! Dallas v. Trinity East Energy (2022-8-1 Trinity East Energy). In short, the City of Dallas and Trinity East had entered into a Lease Agreement...
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