Is Preliminary Entry a Taking Requiring Just Compensation?

by: Joseph Grather
27 Nov 2023
The Eminent Domain Act of 1971 grants a condemnor a right to “preliminary entry.”  The statute provides: “Prior to the commencement of any action, a prospective condemnor and its employees and agents, during reasonable business hours, may enter upon any property which it has authority to condemn for the purpose of making studies, surveys, tests,... Read More

A Primer on Valuing a Condemnation Case: The Sales Comparison Approach

by: Michael Realbuto
10 Nov 2023
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... Read More

First Highway Access Case Published In Years – Same As It Ever Was

by: Michael Realbuto
8 Nov 2023
For the first time in several years, the New Jersey Appellate Division has published an opinion interpreting the provisions of the State Highway Access Management Act, N.J.S.A. 27:7–89 to –98 (“the Act”), and the State Highway Access Management Code, N.J.A.C. 16:47–1.1 to –14.1 (the “Access Code”). The IMO Route 66 case presented the Court “with... Read More

Illinois Falls in Line With Kirby Forest and Reverses Big Tax Refund

by: Joseph Grather
1 Nov 2023
  The Illinois Supreme Court filed an opinion on September 21, 2023 in MB Financial Bank v. Brophy (opinion here).  In 2018, the property owner filed a complaint seeking a refund for overpayment of taxes on the low-income apartment building known as Evergreen Terrace it operated in Chicago.  The property owner claimed that it had... Read More

Holy Sheetz! Another Takings Case on the Supreme Court Docket

by: Joseph Grather
5 Oct 2023
  Yesterday, we posted about the Supreme Court granting cert. in a property rights case out of Texas on Sept. 29th, but forgot to mention that they accepted two cases that day. The second is an exactions case filed by property owner George Sheetz against the County of El Dorado, California.  The well-crafted Petition should... Read More

Texas Takings Case Accepted by US Supreme Court

by: Joseph Grather
3 Oct 2023
Big congratulations to our colleagues at the Institute for Justice for persuading the High Court to hear another takings case. On Friday, the Court granted the petition for certiorari on the following question presented: “In First English Evangelical Lutheran Church v. County of Los Angeles, this Court recognized that the Fifth Amendment’s Takings Clause was... Read More

Everyone Loves Costco, Except Residents in Guilderland, NY

by: Allan Zhang
28 Sep 2023
On the other side of the Hudson River, we have a “developing” eminent domain story involving a retailer that this blogger (and father of two) personally loves – Costco! What’s not to like? Great deals, diverse products, $5 giant rotisserie chicken…the list goes on. It seems you can purchase almost anything you could ever need... Read More

How Can a Redevelopment Designation Lead to a Taking by Eminent Domain?

by: Michael Realbuto
26 Sep 2023
In short, the determination that an area is designated “in need of redevelopment” by a local government, while not a constitutional taking itself, can be a precursor to a taking if the lawful procedure is followed by the government. Unless a property owner challenges the substance of the initial redevelopment designation at the time of... Read More

How One Texas Agency Restricted Its Eminent Domain Powers

by: Allan Zhang
1 Sep 2023
Here is some eminent domain news from the Lone Star State. In a rarely seen maneuver (at least something this blogger has never), a new policy adopted by the Texas Parks & Wildlife Commission will restrict the Texas Parks and Wildlife Department’s (TPWD) future use of its eminent domain powers. Parks and Wildlife Code (section... Read More

NJ Inverse Condemnation Action “Grossly Out of Time”

by: Joseph Grather
30 Aug 2023
A two-judge panel of the Superior Court, Appellate Division issued a per curiam opinion yesterday in 546 OG, LLC v Edgewater affirming summary judgment dismissal of a property owner’s “inverse” condemnation claim. Opinion – 546 OG LLC v. Edgewater.  Basically, when a property owner alleges that its property has been taken by a governmental entity... Read More