The Third Circuit recently held that state law is the standard for determining just compensation in Federal eminent domain cases. In Tennessee Gas Pipeline Co. LLC v. Permanent Easement, a pipeline company condemned property pursuant to a federal statute – the Natural Gas Act of 1938 (“NGA”) – and filed the case in federal court.…

The 5th Circuit ruled that it was premature to review the Louisiana Real Estate Appraisers Board allegation that a Federal Trade Commission action cut into competition.  The FTC alleged in its 2017 complaint that the Board interfered with the free market and restrained price competition by limiting the ways appraisal management companies could calculate an…

Attorneys for the Pimlico Race Course owners say the city of Baltimore is trying to gain control of the racetrack and the signature Preakness Stakes race through eminent domain.  The Stronach Group attorneys sent a letter saying the City filed a lawsuit that is a “transparent ploy to gain some sort of negotiating leverage over the…

A Connecticut legislative committee approved a bill to restrict public taking of private land for economic development purposes. The bill would prohibit state and municipal redevelopment agencies from using eminent domain to take property to be used as part of a private development project.

According to press accounts, there are a number of potential issues…

TX State Senator Lois W. Kolkhorst joined several statewide advocates for property rights to announce the filing of Senate Bill 421 which seeks to strengthen Texas property rights. If passed, Kolkhorst said the legislation would create a substantially more fair, equitable and transparent eminent domain process.

“Since the days of Sam Houston and Stephen F.…

The US Supreme Court reheard oral arguments on whether a property owner can have a federal court decide an inverse condemnation case without first exhausting state remedies. In Knick v. Twp. of Scott, the property owner alleged that the enactment of a law constituted an inverse condemnation. SCOTUS first heard argument on the case on…

I recently had a trial regarding a partial taking of a trucks stop located outside of Harrisburg, PA. The Condemnor/Township claimed the damages were $0. We argued that the damages were $1.75M. After a four day trial, a Dauphin County jury awarded the full $1.75M. As a result, our client will also receive another $750,000…