Eminent Domain Report

We wanted to provide some timely articles for those of you in the eminent domain and valuation arena.

First, Brad Kuhn, the Chair of Nossaman’s Eminent Domain and Valuation Practice Group, was recently featured on the cover of the July/August 2018 issue of Right Of Way magazine—a publication of the International Right of Way Association.  Brad participated in an Industry Roundtable in the issue on leveraging the right of way professional in today’s fast-paced design-build world.  The  Roundtable examined the critical right of way component in infrastructure projects and how consulting with experienced professionals in the initial planning phase of a project prove[s] just how much attention should be given to the right of way team.

Next, Brad is also a featured author in the Q2 2018 issue of Valuation magazine—a publication of the Appraisal Institute.  His article is titled How the Project Influence Rule Can Affect Your Appraisals.  When property is acquired for a public project, most jurisdictions require appraisers to follow the "project influence rule" and ignore any change in property value as a result of the project. In its simplest terms, the rule says the determination of compensation must be considered as if the public project hadn’t happened.  The project influence rule has been applied throughout the country and is intended to operate as both a sword and a shield for property owners and public agencies, preventing a party from being under- or overcompensated.  The article addresses how the project influence rule applies in various scenarios.  To read the full article, click here.

We hope these publications provide some insight into current issues regarding eminent domain and valuation, and we welcome you to contact Brad with any questions here.