After a San Francisco trial court determined that an offer for land was reasonable, the First District Court of Appeal said not so fast, trial court judge and here’s why:
- a landowners cannot reasonably reply on an offer that is contingent
Category Archives: compensation
Just Compensation for Gas Stations & Car Washes Facing Eminent Domain
Find an appraiser that can:
- Address value based on cash flow potential, not price per square foot that you would typically see with a commercial property
- Look for appraisers with experience in special use properties
Retail Petroleum Consultants, Condemnation: Appraising Gas Stations and Car Washes, How to Ensure Just Compensation for Business and Goodwill
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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 inappraisals, compensation, legal trend
The Court ruled that billboards are fixtures of a real property interest. And, that the removal of bill boards, compensation is required. However, compensation for the removal of billboards are hampered by existing case law that prohibits lost profits from entering valuation of business property. NFIB
Posted inappraisals, billboard, compensation, legal trend, private property rights
An unnamed representative from the Texas Central Railway, the high speed rail btween Dallas and Houston group recently said that without eminent domain high speed rail is cost prohibitive. Senator Kolkhorst has SB 1601 which is out of committee and heading to the Senate floor which prohibits the use of eminent domain for high speed rail. Raisin growers were before the US Suprmee Court arguing that a law allowing the government to take their crops, without just compensation, is unconstitutional. During the New Deal, farmers got a raw deal. The 1937 Agricultural Marketing Agreement Act permits the taking of crops to shore up prices. The great raisin caper of 2015 led the Justices to offer colorful fodder: A California Appellate Court ruled that pre-condemantion access to private property did not include environmental and geological testing. The land at issue was to be part of a multi-million dollar water delivery project , the Bay Delta Conservation Plan, to divert water from the Sacramento-San Joaquin Delta to Southern California. National Federation of Independent Business attorneys have filed an amicus brief supporting the landowner and encouraging the California Supreme… California has been building the infrastrcture for a high speed railway. Property aquisition has caused the following issues:
Posted incompensation, legislation trend, private property rights, railways
Texans love their private property rights. It’s a toss up who loves Texas private property rights more: Libertarians? Republicans? Ranchers? Cattlemen?Farmers ?Wild Life enthusiasts? This month’s issue of The Cattleman looks at easements for pipelines and power lines. They run through pros and cons, and here they are: Pros of Pipelines and Power Lines Running Through Pastures: This week, Sen. Kolkhorst’s SB 474 , received a hearing in Senate State Affairs. To commemorate the occasion, TPPF released a paper supporting her bill. TPPF offers 4 Key Points on why reimbursing property owners for fees and costs of eminent domain litigation is good public policy:TX Supremes Rule on Billboards, Private Property & Eminent Domain
Too costly to build without Eminent Domain
Justice Scalia Compares Taking Private Property to Communist Russia
Pre-Condemnation Access. Cannot Take it for Granted. NFIB Lawyers on the Case.
Property Rights Puts High Speed Rail 18 Months Behind onConstruction
Impact of Pipelines & Power Lines to Ranch Lands
Attorneys Fees in Eminent Domain Cases Gets Quick Hearing in Senate