Tag: just compensation

Posted on Aug 26, 2014 in News & Events

Last week, the New York Appellate Division, Second Department, affirmed a condemnation award of $7,855,200 plus interest for just compensation to Split Rock Partnership for the taking of its property. In Matter of Western Ramapo Sewer Extension Project, Index No. 2013-03693, 2014 NY Slip Op 05889, decided August 20, 2014, the appellate court held that the measure of damages must reflect the fair market value of the property in its highest and best use on the date of the taking, regardless of whether the property is being put to such use at the time of the taking.

Posted on Aug 19, 2014 in News & Events

On August 29, 2005, Hurricane Katrina destroyed Dan B’s Restaurant and Bar on Beach Boulevard in downtown Bay St. Louis, Mississippi. The popular beach front restaurant owned by the Murphy family featured a large deck on the beach overlooking the Bay of St. Louis.

Posted on Aug 13, 2014 in News & Events

In July, the National Federation of Independent Business (NFIB) Small Business Legal Center and Owners’ Counsel of America (OCA) joined together to file an amici curiae brief (copy embedded below) in support of the property owner in State of Texas v. Clear Channel Outdoor, Inc., case number 13-0053, urging the Texas Supreme Court to uphold the award of just compensation to a billboard owner when the land on which its billboards were located was acquired by eminent domain.

Posted on Jul 17, 2014 in News & Events

Last week, the Supreme Court of Georgia issued an opinion in Dillard Land Investments, LLC v. Fulton County, Georgia, case No. S13C1582 (decided July 11, 2014) resulting in a ruling both favorable to the Petitioner-landowner and property owners across Georgia.

Posted on Mar 13, 2014 in News & Events

On Monday, March 10, the Supreme Court ruled in favor of the landowner in Marvin M. Brandt Revocable Trust v. United States, No.12-1173 (Mar. 10, 2014), a rails-to-trails takings case. Writing for the majority, Chief Justice Robert’s clarified that the government, in this case the U.S. Forest Service, can not redefine commonly understood legal principles relating to real property and simply eliminate the property rights of landowners as a means to achieve its goal of expanding the National Trails System.

Posted on Feb 21, 2014 in News & Events

Last week a Virginia jury awarded property owners $234,000 for property taken by Virginia Dept. of Transportation (VDOT) for a highway improvement project in Virginia Beach. While it appeared as a victory, unfortunately, it was not. While the jury came in with an amount of just compensation approximately $142,000 above the value VDOT presented at trial, it was $14,000 less than VDOT’s original offer and initial deposit in the case.

Posted on Dec 16, 2013 in News & Events

The November/December 2013 issue of Right of Way magazine published by the International Right of Way Association features an excellent interview with our colleague, mentor, and friend, Gideon Kanner. True to Gideon’s “tell it like it is” style, “A Fierce Advocate for Just Compensation” is an honest and witty one-on-one with this powerhouse of eminent domain and property rights law.

Posted on Jul 26, 2013 in News & Events

An eminent domain battle has been brewing in Longmont, Colorado regarding a proposed $80 million redevelopment plan for Twin Peaks Mall, an indoor shopping mall. The players include the Longmont Urban Renewal Authority (LURA), mall owner NewMark Merrill Mountain States, and Dillard’s, Inc. an upscale national retailer, mall anchor and landowner. Negotiations over the specifics of the redevelopment project began last year between NewMark Merrill and Dillard’s but fizzled in April when the two sides could not find common ground.

Posted on Jul 18, 2013 in News & Events

Recently, with just two weeks remaining before trial, OCA North Carolina attorney-members George B. Autry, Jr. and Stephanie Hutchins Autry facilitated, on behalf of their landowner client, the settlement of an eminent domain matter pending in Charlotte (Mecklenburg County) with the North Carolina Department of Transportation (NCDOT).

Posted on Jul 12, 2013 in News & Events

Last month, a Louisiana appellate court upheld the 2012 decision of an Orleans Parish jury awarding $9,566,640 million in just compensation to the owners of the former Grand Palace Hotel building at 1732 Canal St. in New Orleans. The jury’s verdict represented more than double the $4.5 million value the state assigned to the property.