BLOG: Condemnation Law

Beach Access in Focus Again — Spencer v Palos Verdes Estates – Cal App 2023

by: Joseph Grather
14 Feb 2024
One of the many great things about attending the annual American Law Insititute Eminent Domain conference is learning about new cases.  Spencer fits the bill – maybe not as a great case, but under the category of truth is stranger than fiction.   It’s not technically an eminent domain or condemnation case, but it relates to... Read More

Coney Island Redevelopment – Thunderbolt Roller Coaster Case

by: Joseph Grather
29 Dec 2023
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

Tyler v Hennepin County Shockwaves Sounding in NJ Appeals Court

by: Joseph Grather
18 Dec 2023
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?

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: Anthony F. Della Pelle
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