Category Archives: appraisals

Lege Trend. From the East. Compensating for Appraisal Costs +More

Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.

What is the bill author saying?

  • “The pipeline companies should not get preferential treatment under our condemnation laws,”
  • “level the playing playing field”
  • This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”

Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate

Legal Trend. Pre-condemnation Access. Landowners Need Opportunity to Negotiate via the flowering dogwood state. What you need to know:

Background: Atlantic Coast Pipeline contractors seek access to property to begin tree-cutting, Landowners are asking a court to prevent the tree cutting.

What court? US District Court Judge Terence Boyle, a George HW Bush appointee, in the Eastern District of North Carolina

The court sides with the landowners and said: 

  • landowners should have a reasonable opportunity to negotiate
  • the pipeline can use eminent domain

What pre-requisities on eminent domain use are detailed by the court to…

Lege Trend. Appraisals. Access to Appraise + Eminent Domain. Lessons from the Land of Cheeseheads

Wisconsin Governor Scott Walker signed Assembly Bill 480 that does the following:

  • bars assessors from increasing the assessment of a property solely because the owner refused to let them inside
  • gives owners who did not let assessors into their properties the ability to challenge their assessments

Wisconsin Assembly Bill 480  (2017)

Milwaukee Journal Sentinel | Wisconsin Gov. Scott Walker signs bill to expand property rights

Home Owner Bill of Rights Heads North. Adds Property Taxes + More. Your Informed Intel.

Wisconsin legislature is pushing forward with a Land Owner Bill of Rights.

Why does the Land of Cheese think Land Owner Bill of Rights is necessary? The need for more information during eminent domain being used by an ” overbearing government”

What 9 elements are in Wisconsin’s Home owner Bill of Rights?

  • Controlling Property Taxes
  • Broadband Access
  • Energy Security and Affordability 
  • Eminent Domain Reform
  • Regulatory Takings Reform
  • Right to Fly the Flag
  • Right to Privacy on One’s…

INTERIM. Legal Trend. Improvement District Sues TXDOT. Win Increases Value by $3 million. 3 Key Points.

Why did the East Montgomery County Improvement District sue TXDOT? The board thought it was important to show a jury the loss of value in the land:

  • lost a great deal of functionality as a large event community center
  • Condemned property  included a parking lot that affects functionality
  • The State’s proposed remediation parking plan was inadequate to serve the district’s needs or that of the community
  • Condemned Property prohibits expansion of the districts education wing

What was…

Assessor Lowers Property Value. City Uses Eminent Domain to Take Property.

The tax assessor for Belleville, NJ lowered a property value from  $528,000 to $298,900 and then the city manager exercised eminent domain against the price-reduced property.

Belleville is a special case where the tax assessor and the city manager are the same person. Conflict of Interest? A glimpse into other property value manipulations throughout the country?

NJ.com

Eminent Domain Tactic: Continually Dropping Appraised Values

Appraisals that continued to lower the price of land in dispute were deemed “strong arm tactics” designed to force settlement, and were the basis for a pro-land owner ruling by the  Virginia Supreme Court.

The state supreme court  found all the appraisals must be presented to the fact finder to determine value. 

The difference in appraisals: $150,000. The legal fees for the state’s outside counsel: $140,000. 

Posted byadminPosted inappraisals, compensation, legal trend

Eminent Domain Averted at UNT

UNT and Sac and Save have reached an agreement to purchase the 91,000 building for $6.25 million. The agreement is pending approval from the board of regents. 

Eminent Domain was an available option for UNT. However,  because the property had other pending offers for purchase, and the desire to avoid eminent domain litigation; a purchase agreement was reached. The Denton County appraisal of the property was approximately $2.2 million. 

Posted byadminPosted inappraisals, legal trend, private property rights, university