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Evidence of contamination and remediation costs is admissible in condemnation proceedings

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Thursday, 22 December 2011 00:00

The Wisconsin State Bar News noted Dan Biersdorf & E. Kelly Keady of Biersdorf & Associates, SC in Milwaukee, WI as attorney's representing plaintiff Basil Ryan and and 260 North 12th Street, LLC in the Wisconsin Supreme Court review of 260 North 12th Street, LLC v. Wisconsin DOT, 2010 WI App 138, 329 Wis. 2d 748, 792 N.W.2d 572. The Wisconsin Supreme Court took the majority opinion that in condemnation proceedings, the government is allowed to introduce evidence of environmental contamination and future remediation costs to reduce the just compensation it must pay to a property owner.

Dan Biersdorf was also cited in the Milwaukee Journal Sentinel article "Owner loses appeal over value of condemned land", about the recent WI Supreme Court  decision.  Biersdorf said the concern

Read more... [Evidence of contamination and remediation costs is admissible in condemnation proceedings]
 

Eminent Domain, Rick Perry, and the Trans Texas Corridor

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Thursday, 25 August 2011 00:00
Citation: August 24th, 2011 Dan Biersdorf and Biersdorf & Associates are cited in Marc Scribner's article: Eminent Domain, Rick Perry, and the Trans Texas Corridor.
 

Lick Run Informational Meeting

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Monday, 27 June 2011 00:00

Biersdorf & Associates was invited to speak at the South Fairmount Business Association monthly meeting to discuss eminent domain as it relates to the Lick Run Project in Cincinnati. Attorney's Dan Biersdorf and Tonny Storey will be representing Biersdorf & Associates at the meeting and will speak about the Ohio eminent domain process, discuss possible valuation issues specific to the affected properties, and also answer frequently asked questions.

Read more... [Lick Run Informational Meeting]
 

'Uphill Battle' Ahead: Four Fighting Eminent Domain

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Monday, 13 June 2011 19:08

June 12, 2011
By ZACH MACORMAC Staff Writer , The Intelligencer / Wheeling News-Register

WHEELING - City Councilman James Tiu and three other property owners face an "uphill battle" in future weeks as they fight to stop the city of Wheeling from using eminent domain to take their properties.

Council last week, by a 6-0 vote with Tiu abstaining, authorized the use of eminent domain to take four East Wheeling properties: 132 15th St., owned by Tiu; 136 15th St., owned by Jerome Poynton; 138 15th St., owned by Helen Adelson; and 146 15th St., owned by David Coleman. The properties would clear the way for the city to build a planned $2.5 million sports complex.

The homeowners have indicated they plan to fight the city's use of eminent domain to take their homes. However, Wheeling attorney James Companion of the firm Schrader, Byrd Companion and Stacy Dreher of Biersdorf & Associates, a national law firm specializing in eminent domain law, said the homeowners face a tough battle in Ohio County Circuit Court.

Read more... ['Uphill Battle' Ahead: Four Fighting Eminent Domain]
 

Mock Congressional Hearing at Emory Law School for the Harris Neck Land Trust

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Wednesday, 16 March 2011 00:00

News Release

On Wednesday, March 23rd, 2011 lead attorney Dan Biersdorf of Biersdorf & Associates will participate as a witness in a mock congressional hearing on the claims of the Harris Neck Land Trust at Emory Law School in Georgia. The hearing is designed to assist the Harris Neck Land Trust effort to win congressional backing to recover the land now controlled by the US Fish and Wildlife Service.

The Harris Neck Land Trust is an organization compromised of 70 African-American families and community members dedicated to returning 2,687 acres of land taken from African-American families in 1942.

Read more... [Mock Congressional Hearing at Emory Law School for the Harris Neck Land Trust]
 

Public Meeting to be Held on the Hoosier Heartland Project, Cass County, IN

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Thursday, 13 January 2011 20:41

PRESS RELEASE:

An informational public meeting will be held for property owners affected by phase III and IV of the Hoosier Heartland Project on January 27th, 2011 at 6:30pm at the Delphi Public Library located at 222 East Main Street in Delphi, IN.

Attorneys Phil Sever and Tonny Storey in our Indiana office will be facilitating the meeting to provide owners with an overview of the Indiana Eminent Domain Process, address frequently asked questions, discuss just compensation, and open the floor to any questions attendees might have.

Read more... [Public Meeting to be Held on the Hoosier Heartland Project, Cass County, IN]
 

E. Kelly Keady Presenting at the Land Law for Civil Engineers and land Surveyors Seminar

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Tuesday, 28 September 2010 15:38

September 27th, 2010

News Release

E. Kelly Keady, attorney for nationwide eminent domain law firm Biersdorf & Associates, will be presenting at the Land Law for Civil Engineers and Land Surveyors Seminar coordinated by HalfMoon LLC on Wednesday, September 29th, 2010. E. Kelly Keady will draw from over 10 years experience in eminent domain law to discuss the history and source of eminent domain power, the types of eminent domain ‘takings’, participating in the eminent domain process, appealing a condemnation decision, and understanding regulatory ‘takings’ and inverse condemnation.’

Read more... [E. Kelly Keady Presenting at the Land Law for Civil Engineers and land Surveyors Seminar]
 

Legal Specialist Explain why 'Blight' is not Right

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Tuesday, 24 August 2010 13:08
By MARK SCHAAF

August 23rd, 2010

GreenfieldNOW

A national eminent-domain law firm says there is at least one thing the state Legislature should consider if it wants to prevent more related controversies from appearing in Wisconsin.

Dan Biersdorf, of Minnesota-based Biersdorf and Associates, said legislators should make it easier for property owners to issue a court challenge whenever a municipality determines "blight," a key step in the eminent domain process.

The decisions of municipal governmental bodies fall into two categories - legislative and quasi-judicial, Biersdorf said. "Legislative" means elected officials are acting as legislators and passing laws. In a quasi-judicial role, municipal authorities are acting as a fact-finding body, like a court.

Read more... [Legal Specialist Explain why 'Blight' is not Right]
 

Meeting to Discuss Road Widening

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Friday, 04 June 2010 15:09

June 02, 2010 10:00 AM
DAILY NEWS STAFF

http://www.jdnews.com/news/bodycopyrag-78952-class-piney.html

A law firm will host an informational public meeting this week to discuss the widening of Piney Green Road and how it may affect property owners in the area.

The North Carolina Department of Transportation (NC DOT) is planning on acquiring a sizeable amount of private property in order to widen Piney Green Road from U.S. 17 to N.C. 24.

Biersdorf & Associates, a nationwide eminent domain law firm that only represents property owners, will host the meeting at 7 p.m. Thursday at the White Oak Barber Shop, located at 75 Balsam Road in Jacksonville.

The firm has been speaking with Andy May, owner of the White Oak Barber Shop, as well as other affected property owners who are concerned about how the road widening will affect their business, the issue of just compensation and how the eminent domain process works.

Lead attorney Dan Biersdorf and North Carolina attorney Wes Collins will facilitate a public meeting to give an overview of the North Carolina eminent domain process, address frequently asked questions and open the floor to any questions that attendees may have.

For more information about the meeting or the project itself, contact Cale Loken at 866-339-7242.

 

Piney Green Road Informational Meeting in Jacksonville, NC

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Tuesday, 01 June 2010 15:38

PRESS RELEASE:

An informational public meeting will be held on Thursday, June 3rd at 7pm at the White Oak Barber Shop located at 75 Balsam Road Jacksonville, N.C. 28546.

The North Carolina Department of Transportation (NC DOT) is planning on acquiring a sizeable amount of private property in order to widen Piney Green Road from US 17 to NC 24 in Jacksonville, NC. There is widespread concern amongst property owners in the area who are expected to lose either part or all of their property.

Read more... [Piney Green Road Informational Meeting in Jacksonville, NC]
 
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- Natalie Nahey, Portland, OR

 

"You treated us better than family! [You] came right to our home and went to Madison for us, you were the best!  [The] DOT was so smart when they were here; you showed them that the little guy can be right and got us a nice chunk of money!....Thank you so much!"

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"[Biersdorf & Associates] knowledge and experience in the condemnation process stood out."

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"Dan listened to me; some of the attorney's I have spoken to around my state do all the talking, but do not hear what we are saying."

- Theresa Cornell, Milton, WV

 

"[I was] very satisfied. [We] got more money than the DOT offered. [It was] great working with Biersdorf & Associates."

- Roland Thomas, Lowman, NY

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