Archive | Severance Damages

Takings for Protective Dunes from Flagler to Fire Island

Flagler County, Florida announced that it would institute a condemnation proceeding to take 2,500 square feet of sand to enable the U.S. Army Corps of Engineers to rebuild dunes along 2.6 miles of beachfront in Flagler Beach.  The dunes are expected to prolong the life of the barrier island against rising seas, especially the homes and businesses along A1A. The condemnation is necessary because the owner refused to grant an easement like 100 other property owners did. The government argues that the easement changes nothing about property owners’ rights.  It… read more

Posted in Dunes, Severance Damages, Special Benefits
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The Condemnor’s Burden to Demonstrate “But For” To Apply The Project Influence Rule

The Third Department got it right in Matter of State of New York v KKS Properties, LLC, 119 AD3d 1033, (July 3, 2014).  KKS Properties, LLC is one of those 1033decisions that make you cringe.  An award on an appropriation claim in the Court of Claims which is lower than the advance payment resulting in a judgment in favor of the State is an outrageous outcome for a compulsory taking of one’s property.  We have often advocated that there must be a minimum of “just compensation.”  A condemnor is required… read more

Posted in Condemnation, Project Influence Rule, Severance Damages
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Texas Bullet Train Speeds Along

We have written before about the Texas Bullet Train. (The Saga of the Texas Bullet Train, March 9, 2020). The proposed train spans a large area in Texas. It will be able to transport riders from Houston to Dallas in 90 minutes. There is strong opposition to the railroad by property owners in areas in between the cities who fear their property will lose substantial value in partial takings for the track. This is a true “consequential damage” similar to having a high voltage power line in one’s backyard. The… read more

Posted in Bullet Train, Consequential Damages, Severance Damages
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The Saga of the Texas Bullet Train

          The proposed Dallas to Houston bullet train spans a large area in Texas.  The train will be able to transport riders from Houston to Dallas in 90 minutes.  But the project is stalled pending approval of the Federal Railroad Administration and property owners fighting eminent domain.           According to an article in today’s “The Dallas Morning News,” the opposition arises in areas in between the cities.  Certainly, these property owners have nothing to be excited about.           Interesting is the concern voiced by many of their fear that people… read more

Posted in Consequential Damages, Severance Damages, Texas Bullet Train, Uncategorized
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