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The State Removed Access to Your Clients’ Property. Now What?

“What happens when the State removes access to your clients’ property? That property’s value and use can be drastically and negatively impacted by the removal of access. Ryan Simatic discusses the remedy, inverse condemnation, and how it can be used to compensate property owners.” Ryan Simatic, one of our eminent domain attorney’s, talks access issues […]

NYSDOT Details $5.7 Million Project to Address Dangerous Intersections Along Boulevard

The New York State Department of Transportation has proposed a $5.7 million project to reconstruct parts of a dangerous stretch of the Niagara Falls Boulevard. The areas of focus are the intersections at Ward Road and Witmer Road where vehicle accidents are frequent. On July 21, the NYSDOT revealed their plan for the project at […]

PennDOT I-83 Project in York Country is Moving Forward

The Pennsylvania Department of Transportation has begun notifying York County residents that their properties will be seized under eminent domain. The land will be acquisitioned as part of the Interstate 83 widening project. The $330 million project will cover five miles of the I-83 corridor and will take roughly five years to complete. In total, […]

Texas Lawmakers Pass Bill that Aims to Make the Eminent Domain Process More Transparent for Landowners

Early in July, Texas lawmakers passed a bill designed to make the process of eminent domain more accessible and transparent for property owners. Eminent domain allows government authorities and utilities to acquire private property for public interest projects like pipelines and roads. Property owners who lose land under eminent domain are supposed to be sufficiently […]

Wisconsin Supreme Court restricts damages by DOT to property owners – again.

In a recent Wisconsin Supreme Court decision, Southport Commons, LLC v. Dep’t of Trasp., the Wisconsin Supreme Court once again restricted the ability of property owners to recover damages when they are negatively impacted by state road projects. Unfortunately, I think the Court got this one wrong. But it will be up to the Legislature […]

Fullest Extent Rule in Eminent Domain

An owner must be compensated for all damage the condemnor will have a right to inflict on the property and not just for what the condemnor plans to do with the land acquired. In other words, courts must presume that condemnor will use the rights acquired to their maximum extent. This is called the Fullest […]

Eminent Domain and the Superior Attributes of the Parcel Taken

Oftentimes in condemnation, a retail store owner or convenience store owner will need to relocate their business.  Even minor changes of geography can have a major impact on sales.  The government often claims that this decline in sales is due to the business owner and refuses to provide compensation for this loss, thus overlooking a […]

Excess Land Valuation in Eminent Domain Cases

We place significant emphasis on educating property owners in recognizing damages in eminent domain cases.  Why?  Because damages determine the amount of just compensation a property owner receives, and they are frequently overlooked by appraisers. The concept of valuing excess land in eminent domain cases rarely occurs, but when it does, it is a notion […]

Bankruptcy and Eminent Domain

When a property owner files for bankruptcy, all proceedings against them are stayed to allow time to reorganize assets and, in some instances, repay creditors.  However, bankruptcy courts across the country have held that there are certain situations where actions against a debtor will not be stayed, including those initiated by the government.   When a […]

Landowner Expectations vs. Land Use Regulations

The U.S. Supreme Court has long held that land use regulations (e.g. zoning ordinances) can go “too far” and cause a “taking” of property for which just compensation must be paid under the fifth amendment of the Constitution. These cases are known as “regulatory takings.”  Less clear is how to establish how far is “too far.” […]