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Coney Island Redevelopment – Thunderbolt Roller Coaster Case
For my final post of 2023, a condemnation valuation case from neighboring New York. I don’t know whether the litigants referred to it as the “Thunderbolt Roller Coaster Case”, but I would have. The case offers an interesting perspective on three discrete valuation issues arising out of a partial takings redevelopment case. The opinion is... Read More
Jersey City: More Property Tax Refunds Means More Reverse Appeals
There is good news and bad news for Jersey City taxpayers. The good news first: Many taxpayers in Jersey City have successfully appealed their tax assessments (contact us for more details), thus rightfully receiving refunds on their over-assessed properties. So much so that a whopping $21 million... Read More
Tyler v Hennepin County Shockwaves Sounding in NJ Appeals Court
On December 4, 2023, a panel of the Appellate Division of the Superior Court of New Jersey published an opinion that adopted the holding of Tyler v. Hennepin County to reject one of appellant’s arguments. The case is captioned 257-261 20th Avenue Realty, LLC v. Alessandro Roberto, and the full text of the opinion is... Read More
Is Preliminary Entry a Taking Requiring Just Compensation?
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
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
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
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
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
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
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
