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Archive | 2023

July 25, 2023

Federal Funds Now Devoted to Help Undo the Damage to Black Neighborhoods by Urban Renewal

We have previously written how Urban Renewal brought under the Federal Housing Act of 1949 authorized cities to use the power of eminent domain to clear “blighted neighborhoods” for “higher use.”  (See “Urban Renewal, An Assault on Black Neighborhoods, New York Law Journal, February 24, 2023.) African Americans, who were 12% of the population in the US, were five times more likely to be displaced than they should have been given their numbers in the population.  In city after city, highways that were built to appease white suburban commuters, and… read more

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Posted in Blight, Eminent Domain, Urban Renewal
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July 20, 2023

Foreign Buyers Pay More for Real Estate Than Local Buyers.

An interesting article in the Winter 2023 issue of “The Appraisal Journal” written by Drs. Allen, Goodwin and O’Sullivan concluded that foreign buyers pay more for real estate.  The authors studied the condo market in Miami.  Their conclusion validated the generally accepted belief within the real estate industry that local buyers have an advantage from first hand knowledge of real estate people in the community, the neighborhood dynamics and pricing trends. Most people have a handle on what a house is worth.  They know what a house for sale is… read more

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Posted in Foreign Buyers, Local Buyers, Real Estate Customs
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July 18, 2023

You Want a Pipeline? You Know What to Do!

The Wall Street Journal featured an article written by David Harrison titled, “Lost Pipeline a Bitter Pill for Foes.” The story is about the Mountain Valley Pipeline running through West Virginia and Virginia.  It was successfully challenged for over ten years.  The 303-mile, $6.6 billion pipeline running through the two states was a pet project of Senator Joe Manchin who couldn’t line up enough senate votes for his bill despite repeated attempts. Landowners and environmental groups have fought the pipeline since it was first proposed in 2014.  Many landowners also… read more

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Posted in Congress, Eminent Domain, Mountain Valley Pipeline, Pipelines, Sen. Joe Manchin
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June 27, 2023

Who’s in Charge Here: The Province of the Trial Court in a Condemnation Case

New York is one of only three states in the nation that does not allow trial by jury in an eminent domain case.  All claims against the State of New York and certain other state authorities have exclusive jurisdiction in the Court of Claims where, regardless of the nature of the claim, there are no jury trials.  Appropriation claims in the Court of Claims are certainly included and are tried by a Court of Claims Judge.  Other condemnation matters must be tried by a Justice of the Supreme Court.  This… read more

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Posted in Comparable Sales, Eminent Domain, Expert Witness, Province of Trial Court
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June 13, 2023

Everything Is Big In Texas

Texas has been operating a state park on land leased for free for 50 years.  The owner made a deal to sell the land to a luxury home developer.  The 5,000-acre parcel of land was purchased for $110.5 million by Todd developers. After months of stalled legislative efforts and failed negotiations to secure the park, the state opted to seize the land from Todd Interests, a Dallas-based developer, who purchased the property in February for $110.5 million.  Commissioners were not eager to use the power of eminent domain to condemn… read more

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Posted in Development Property, Eminent Domain, Park
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