Project Influence Rule: Right-of-Way Setasides

November 11, 2011

We’ve been discussing Project Influence Rule in just compensation eminent domain claims.  In our previous article, we provided an overview of Project Influence Rule and discussed Condemnation Blight.  As a quick review, The project influence rule basically states that any damages you incur in an eminent domain case cannot be influenced by the project [...]

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Contamination Valuation: Oral Arguments heard before the Wisconsin Supreme Court

November 3, 2011

Dan Biersdorf presented oral arguments before the Wisconsin Supreme Court on November 1st, 2011 regarding the determination of contamination value in 260 N 12th Street, LLC and Basil Ryan Jr., vs. Dep’t of Transp., No.  2009AP001557 (Wis. filed 2010)
Our firm initially became involved with this case in March 2008 after the attorney that Ryan initially hired [...]

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Short Primer on Minnesota Statute 117.187 aka “Minimum Compensation Statute”

October 25, 2011

We will be presenting information at an upcoming CLE seminar on one of our cases that is on appeal.  The case, County of Dakota vs. Cameron (read more here) involves Minn. Stat. 117.187, which was enacted in 2006 and states:
When an owner must relocate, the amount of damages payable, at a minimum, must be [...]

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Project Influence Rule: Overview and Condemnation Blight

October 19, 2011

For determining damages in eminent domain claims, there is a concept called the project influence rule that exists in all states; either spelled out in their statute or stated through case law. The project influence rule basically states that any damages you incur in an eminent domain case cannot be influenced by the project itself.
I’ll [...]

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Route 12 North-South Arterial Project, Utica, NY

October 3, 2011

The $62M project, planned in three stages, will involve numerous changes to the traffic pattern in the Utica area and will involve the major reconstruction and partial realignment of the North-South Arterial through West Utica.   This project also includes but is not limited to replacing the 51 year old bridge over Columbia Street, creating a [...]

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Willets Point: Does it need the redevelopment authority?

September 29, 2011

I had the opportunity to meet with about 10 property owners who are affected by the Willets Point Redevelopment Project in Flushing, and I also had the pleasure of meeting Robert LoScalzo, who is creating a documentary on the project.  We all had dinner at Tony’s Pizzeria in Flushing and discussed the project, their current [...]

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Severance Damages: Uneconomic Remnant

September 21, 2011

Over the past month to month and a half, we’ve been discussing the concept of severance damages and how they impact the amount of compensation a property owner is entitled to receive under eminent domain law.  Severance damages play an important role in the valuation process because they are not always obvious and they can [...]

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Severance Damages: Proximity Damages

September 14, 2011

In previous blog posts, we’ve been discussing the concept of severance damages and how they impact the amount of compensation a property owner is entitled to receive under eminent domain law.  Severance damages play an important role in the valuation process because they are not always obvious and they can produce a significant amount of [...]

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Route 58 Corridor Projects in Virginia

September 9, 2011

The 58 corridor is a series of improvement projects with most roadways along the corridor undergoing major widening construction. The project also includes replacement of bridges, landscaping, signal improvements, and added turn lanes. The project’s need was identified in 1989 in order to enhance economic development across this largely rural area of the state.   [...]

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Severance Damages: Loss of Parking

September 2, 2011

If you follow our blog, you’ll know that we’re discussing severance damages and how they relate to the amount of just compensation a property owner is entitled to receive when their property is being taken from them by the government.  In previous articles, we discuss the loss of access and the loss of reasonable access.  [...]

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