Archive | 2021

The Infrastructure Fund: Will Critical Projects Ever Be Built?

The infrastructure bill that could move critical projects has stalled over funding.  For years there has been a backlog of needed repairs and upgrades to highways, bridges and roads.  An infusion of $600 billion in new federal aid could change the status in President Biden’s unprecedented overhaul of the Country’s aging public works system.  There is a sprawling $1 trillion infrastructure package whose future is uncertain. Will the funding be available?  According to the New York Times, the measure’s fate is in limbo as various factions of the Democratic Party… read more

Posted in Condemnation, Infrastructure Projects
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The Three Forms of Takings for Eminent Domain

The National Law Review had a brilliant article on the forms of takings in eminent domain.  (September 23, 2021, Vol. XI, Number 266) The simplest to describe and the most common is a physical taking.   Physical takings are the straight forward process of a government or other entity with the power of eminent domain. The second type is a regulatory taking.  This means the economic input factor comparing value that has been taken and the value which remains post-regulatory taking.  Regulatory takings are commonly called inverse condemnation. The third is… read more

Posted in Physical Taking, Pro Tanto Taking, Regulatory Taking
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Matter of City of New York (Eman Realty Corp.) – Whatever Happened to the Rule of Highest and Best Use?

The City of New York condemned a multifamily building in Brooklyn.  The property was subject to rent stabilization and both experts found the highest and best use was for continued use as a multifamily dwelling complex.  Both appraisers used the sales comparison (market) approach to valuation.  Then the valuation process went screwy.  The City made a massive deduction for alleged critical repairs on the subject property and applied an Akerson format capitalization formula which accounts for both the cost and availability of mortgage financing.  An approach never used in valuing… read more

Posted in Highest and Best Use, Measure of Damages, Reasonable Probability of Use
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Supreme Court Nixes Moratorium on Evictions

Millions of Americans around the Country face the prospect of losing their homes after the Supreme Court, on August 26, 2021, rejected the Biden Administration’s federal moratorium on evictions. The moratorium was imposed by the Centers for Disease Control and Prevention (CDC) on eviction of any tenants who live in a county that is experiencing substantial or high levels of Covid-19 transmission and who make certain declarations of financial need. Simply stated, the District Court correctly held that congress did not authorize the action that the CDC had taken. The… read more

Posted in Eviction Moratorium, Landlord-Tenant, State Law
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Eminent Domain Significant Tool for Municipal Services “Going Concern” Valuation

A news story reports that the owner of White’s Ferry on the Potomac River wants the Loudoun County Board of Supervisors to exercise eminent domain over the private Virginia property where the ferry is docked.  The owner of the Virginia land was not willing to renew the lease. An owner must be aware of the government’s power of eminent domain if their properties are used to provide public services.   Fifth Avenue Coach Lines, Inc. v City of New York, 11 NY2d 342 (1962) is one example.  In Fifth Avenue Coach,… read more

Posted in Condemnation, Going Concern Valuation, Municipal Services
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