Justia Real Estate & Property Law Opinion Summaries
Articles Posted in Constitutional Law
United States v. $17,900.00
The DC Circuit reversed the district court's grant of summary judgment in favor of the government based on claimants' lack of Article III standing in a civil forfeiture case. The court held that claimants met their burden of making an assertion of ownership and provided some evidence of ownership to establish standing. The court explained that credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts were jury functions and not those of a judge. In this case, the record was devoid of contradictory evidence, claimants consistently maintained that the money was theirs, nothing in their account was physically impossible, and the couple explained how they came to own the money in considerable detail. Accordingly, the court reversed and remanded. View "United States v. $17,900.00" on Justia Law
Downingtown Borough (Friends of Kardon Park, Aplts)
In consolidated cross-appeals, the Pennsylvania Supreme Court accepted review to consider whether three statutory provisions, the “Donated or Dedicated Property Act” (“DDPA”), the “Project 70 Land Acquisition and Borrowing Act” (“Project 70 Act”), and the Eminent Domain Code, allow Appellant Downingtown Borough (“Borough”) to sell four parcels of land to private housing developers , Appellants Progressive Housing Ventures, LLC and J. Loew and Associates, Inc. (“Developers”). The four parcels comprised a public community park owned and maintained by the Borough, and were held by the Borough as trustee. After review, the Court vacated the order of the Commonwealth Court with respect to the Borough’s proposed sale to Developers of two southern parcels, reversed the order regarding the proposed sale by the Borough to Developers of two northern parcels, and reversed the order of the Commonwealth Court involving the Borough’s grant of easements to Developers over all parcels. The Borough was required to obtain court approval before selling the parcels, and easements over the land would have subordinated public rights to the parcels to private rights. View "Downingtown Borough (Friends of Kardon Park, Aplts)" on Justia Law
Treasure Coast Marina, LC v. City of Fort Pierce
For purposes of applying the municipal or public purposes tax exemption contained in Fla. Const. art. VII, section 3(a), a public marina owned and operated by a municipality is a traditional municipal function that carries a presumption of tax-exempt status.The owners of a private marina in Fort Pierce filed a complaint challenging the tax-exempt status of the Fort Pierce City Marina and the Fisherman’s Wharf Marina. Plaintiffs’ amended complaint sought declaratory and injunctive relief on the basis that the property appraiser unconstitutionally granted ad valorem tax exemptions to the two marina properties owned and operated by the City of Fort Pierce and the Fort Pierce Redevelopment Agency (the City). The trial court ruled in favor of Plaintiffs, determining that neither of the City marinas qualified for the constitutional tax exemption. The Fourth District Court of Appeal reversed, concluding that municipal marinas are traditionally considered exempt from taxation. The Supreme Court approved the decision below, holding that Plaintiffs failed to meet their burden to rebut the presumption that the municipally-owned properties that were used exclusively by the City to provide traditional municipal functions were constitutionally exempt from ad valorem taxation. View "Treasure Coast Marina, LC v. City of Fort Pierce" on Justia Law
Paducah Independent School District v. Putnam & Sons, LLC
In an effort to replace its aging middle school building, the Paducah Independent School District initiated condemnation proceedings against real property owned by Defendant. The property was officially taken after an award of $96,000 to Defendant, but both sides were dissatisfied. After a bench trial, Defendant was awarded $115,000 in compensation damages. The court of appeals reversed, concluding that the trial court relied on outdated and otherwise incompetent evidence of the property’s fair market value. The Supreme Court reversed the decision of the court of appeals and reinstated the trial court’s judgment, holding that the trial court’s approach was both legally sound and properly grounded in the record. View "Paducah Independent School District v. Putnam & Sons, LLC" on Justia Law
AGCS Marine Insurance Co. v. Arlington County
Two property insurers issued policies to a Harris Teeter grocery store. The insurers together paid claims for property damage resulting from the malfunctioning of a county sewer line. Exercising their subrogation rights, the insurers sued Arlington County alleging an inverse condemnation claim under Va. Const. art. I, section 11. The circuit court dismissed the case with prejudice. The Supreme Court affirmed in part, reversed in part, and remanded for further proceedings, holding (1) the circuit court did not err in concluding that the original complaint failed to state a viable legal claim for inverse condemnation; but (2) the court erred in denying the insurers leave to amend their complaint because the allegations in the proffered amended complaint, combined with the reasonable inferences arising from them, asserted a legally viable claim for inverse condemnation. Remanded. View "AGCS Marine Insurance Co. v. Arlington County" on Justia Law
Hardee County v. FINR II, Inc.
The Supreme Court approved the holding of the First District Court of Appeal in City of Jacksonville v. Smith, 159 So. 3d 888 (Fla. 1st CA 2015), that the Bert J. Harris Jr., Private Property Protection Act (Act) does not apply to claims from government action that regulates property adjacent to the claimant’s property and disapproved the Second District Court of Appeal’s contrary decision in FINR II, Inc. v. Hardee County, 164 So. 3d 1260 (Fla. 2d DCA 2015).Hardee County granted FINR, Inc., which operated a neurological rehabilitation center on a parcel adjacent to property owned by a phosphate mining company, a setback on the phosphate mining company’s adjacent property. Hardee County subsequently decreased the quarter-mile setback to as little as 150 feet. FINR brought a claim under the Act seeking $38 million in damages for devaluation of its property. The trial court concluded that the Act did not apply to FINR because the quarter-mile setback change did not directly restrict or limit FINR’s property. The Second District reversed and certified conflict with Smith. The Supreme Court disapproved the decision below, holding that the setback in this case was not a property right for which FINR may state a claim under the Act. View "Hardee County v. FINR II, Inc." on Justia Law
Amster v. Baker
Jayson Master sought access to a lease between Calvert Tract, LLC and Whole Foods. Calvert Tract had earlier voluntarily provided a redacted version of the lease to Prince George’s County while its zoning application was pending. The County denied Master’s request seeking access to the lease, explaining that the lease was not subject to disclosure under the Maryland Public Information Act (MPIA). Master then filed a complaint seeking access to the lease. The trial court granted summary judgment to Calvert Tract and the County, concluding that the lease was confidential commercial information and therefore was exempt under the MPIA. The Court of Special Appeals affirmed. The Court of Appeals vacated the judgment of the Court of Special Appeals, holding that the trial court erred in granting summary judgment on the grounds that the lease was protected from disclosure under the MPIA’s confidential commercial information exemption. View "Amster v. Baker" on Justia Law
County of Kauai v. Hanalei River Holdings Limited
Court had discretion to permit government-condemnor to withdraw a portion of deposit of estimated just compensation.Three parcels of privately-owned property were condemned for a public park. In the owner’s appeal, the Supreme Court of Hawaii held that the presence or lack of physical unity is not dispositive of whether a condemnee is entitled to severance damages. A deposit of estimated just compensation does not become conditional, and blight of summons damages do not begin to accrue, when a condemning authority objects to a condemnee’s motion to withdraw funds based on the fact that the condemnee’s entitlement to such funds is unclear. The court in an eminent domain proceeding has discretion to permit a governmental entity to withdraw a portion of a deposit of estimated just compensation when the deposit has not been disbursed to the landowner, the government acted in good faith in seeking to adjust the estimate to accurately reflect the value of the property on the date of the summons, and the adjustment will not impair the substantial rights of any party in interest. View "County of Kauai v. Hanalei River Holdings Limited" on Justia Law
Stephens Production Co. v. Larsen
Stephens Production Company sought to condemn underground natural gas storage easements and surface easements to complete an underground natural gas storage facility on and underneath approximately 900 acres of mostly rural property in Haskell County. Approximately 140 Defendants were named in the Petition. Stephens Production had previously offered such Defendants "just market value" for their respective interests, but the Defendants refused the offers. The trial court appointed three commissioners to value just compensation due for each Defendant listed in the Petition. All Defendants except one, appellant Royce Larsen, settled with Stephens Production. The Commissioners valued Larsen's property taken and the damage to the remainder at $12,400.00. Larsen objected to this amount, and his case proceeded to trial. Larsen's expert testified the just compensation value was approximately $419,000.00; Stephens Production's expert valued the just compensation at $9,000.00. The trial court determined that just compensation for the property was $9,000.00. Without any evidence from Larsen regarding the reasonable probability of combination or the market demand for underground gas storage in the area, the highest and best use of the property was the use to which it was subject at the time of the taking - natural resource, agricultural, and recreational use. The Supreme Court concluded the record supported the trial court's valuation of just compensation at $9,000.00. View "Stephens Production Co. v. Larsen" on Justia Law
Estermann v. Bose
The Nebraska Cooperative Republican Platte Enhancement (N-CORPE), a political subdivision of the State of Nebraska, brought condemnation proceedings against Appellant seeking an easement across Appellant’s real estate. In response, Appellant filed a complaint for injunction against board members of the N-CORPE project and N-CORPE (collectively, Appellees), alleging, inter alia, that N-CORPE does not have the power of eminent domain. In addition, Appellant filed an application for temporary restraining order and a motion for temporary injunction, both of which the district court denied. The district court then granted Appellees’ motion for summary judgment and dismissed the complaint. The Supreme Court affirmed, holding (1) N-CORPE had the authority to exercise the power of eminent domain; (2) N-CORPE did not need certain permits and approvals as alleged by Appellant; (3) the district court did not abuse its discretion when it denied Appellant’s motion to amend the complaint; (4) N-CORPE is not prohibited by common law from removing ground water from overlying land; and (5) there is not material issue of fact regarding whether the condemnation is for a public use. View "Estermann v. Bose" on Justia Law