When advocates for property owners take on an eminent domain case, they aim to achieve the best result possible for their clients. In some cases, that means fighting the taking. In other cases, the taking is inevitable, and the objective is to...
Eminent Domain Articles
Eminent Domain and Land Valuation Litigation 2025
For over 40 years, ALI CLE has been bringing eminent domain practitioners together to examine the latest issues, engage in healthy debate, and get the information they need to stay current in their practice. This year, Eminent Domain and Land...
VALUING PROPERTIES IN TRANSITION
When real property subject to condemnation is within an area of urban renewal2 or is underutilized, understanding the potential for a highest and best use that differs from a property’s current use, as of the date of condemnation, is critical. This...
PROVING THE VALUE OF UNIQUE OR SCARCE REAL PROPERTY ASSETS
This article will focus on how lawyers and appraisers can work together to tackle difficult appraisal problems that don’t lend themselves easily to a simple comparable sales approach or where such an approach requires larger adjustments than are...
HIGHEST AND BEST USE IN LAND VALUATION CASES
It is axiomatic that “you can’t get the value right if you get the highest and best use wrong.”1 There may be no more fundamental concept in the valuation of property under the Fifth Amendment’s just compensation clause than that fair market value...
LAW DRONES AND DRONE LAWS
“Drones are coming. Lots of them. They are fun and useful. But their ability to pry, spy, crash, and drop things poses real risks. Free-for-all drone use threatens air traffic, people and things on the ground, and even national security.” 1 Several...
Property Rights and Regulatory Takings at the Supreme Court
ALI CLE’s upcoming webcast, Property Rights and Regulatory Takings, is live on July 16, 2024. The 2023-24 Supreme Court term has been one of significance in the world of property rights. Two unanimous cases in particular directly addressed...
2024 NATIONAL EMINENT DOMAIN UPDATE
PUBLIC USE Detailed Factual Findings on Public Benefit are Required In re Gen. Mun. Auth. of City of Nanticoke involved a private benefit challenge to a proposed taking allegedly for construction of affordable elderly housing.1 In consolidated...
CONVERSATION WITH A COLLEAGUE: ROBERT H. THOMAS
This article is part of the continuing series of interviews between, published in The Practical Lawyer, Rajiv S. Khanna, principal of The Law Offices of Rajiv Khanna, and leading practitioners across the country, designed to provide personal and...