BLOG: Condemnation Law
Hot Off the Press: North Carolina Supreme Court Clarifies “Map Act” Takings
Back in 2015, Joseph Grather, Esq. from our firm blogged about the North Carolina Supreme Court’s precedent-setting “Map Act” decision in Kirby v. NCDOT. A decade later, Map Act takings are still being litigated in North Carolina courts, with two new Supreme Court decisions being issued in early December 2025. Keep reading for an overview... Read More
What Courts Really Look for in the Admissibility of Expert Reports
In the courtroom, rules of evidence aren’t just technicalities. They’re game changers. One rule, in particular, decides whether an expert witness can even share their specialized knowledge with the court. That single decision can determine who wins or loses a case. This is especially true in eminent domain and property tax matters. These cases almost... Read More
Property Owners Win Right to Compensation in COVID Ordinance Case
In another major victory for private property rights, the 11th Circuit recently ruled that owners of beachfront properties in Walton County, Florida are entitled to just compensation after an ordinance effectively banned them from accessing their own properties. The ordinance, which was enacted during the COVID pandemic to prevent the spread of the virus, was... Read More
PA Legislative Effort Would Permit Farmland Takings
Pennsylvania State Senator Kristin Phillips-Hill wants owners of farmland to receive fair compensation when their property is taken by eminent domain. Under current legislation, condemnors taking preserved land are only required to pay for the agricultural value of their land. This alone, Phillips-Hill argues, is not adequate. Her proposed bill would fully compensate farmland owners... Read More
Property Owners are Gearing Up to Fight a “Tsunami” of Pipeline Projects
When it comes to energy infrastructure in the United States, few issues spark as much debate as the construction of interstate energy pipelines. These projects are often touted as essential for ensuring energy security, reducing transportation costs, and supporting economic growth. However, pipelines also raise significant legal and ethical questions when they require the use... Read More
Affirmed! N.J. Court Rejects Property Owner’s Request to Overturn Bench Trial
If you have been following our eminent domain blog, you probably know that it’s tough sledding for a party seeking to overturn a trial court’s “just compensation” determination. On November 7, 2025, the New Jersey Appellate Division reaffirmed this bleak reality for many litigants. In State v. Krismic Associates, Inc., the New Jersey Department of... Read More
Federal Circuit Rejects Takings Claims in Indiana Rails-to-Trails Dispute
Earlier this year, the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’ dismissal of takings claims brought by a group of Indiana landowners. ATS Ford Drive Investment, LLC v. United States, 136 F.4th 1066 (Fed. Cir. 2025). The case centered on whether the federal government’s facilitation of a recreational... Read More
Why Are North and South Dakota Fighting Over Carbon Pipelines?
A $9 billion carbon pipelines project has triggered a legal standoff between North and South Dakota. South Dakota’s eminent domain ban threatens to derail Summit Carbon Solutions’ ambitious plan to transport CO₂ from ethanol plants across state lines. North Dakota officials explored legal action but recently backed down, leaving the project’s future uncertain. What’s Behind... Read More
Decades-Old Lease Haunts Property Owner in Eminent Domain Case
A recent New Jersey Appellate Division decision highlights why the valuation date matters so much in eminent domain litigation. The Berardi family learned this lesson the hard way when their shopping center was valued at 1994 prices—despite the Township not acquiring it until 2018. The 24-year gap between valuation and taking demonstrates why property owners... Read More
NJ Supreme Court to Hear Two Eminent Domain Cases
Two potentially significant eminent domain cases are set to be heard by the New Jersey Supreme Court. At the heart of these cases is the public use doctrine rooted in the U.S. Constitution and the New Jersey Constitution. Let’s see how these cases could impact the government’s use of this constitutional power. Township of Jackson... Read More
