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About This Blog
Welcome to the Snell & Wilmer real estate litigation blog. Check back here often for useful news and information about current topics involving real estate litigation. We hope that you will find the blog both timely and helpful, and we invite you to join the discussion by posting comments about the articles and contacting the authors with your thoughts about the posts.
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Recent Posts
- The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
- Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
- The Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead Property
- Don’t Be Lazy with Your Tenders
- Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?
Topics
- Anti-deficiency Statute
- Bankruptcy
- Commercial Real Estate Industry
- Construction and Development
- Environmental
- Evictions
- Foreclosures
- Guaranty Contracts
- Judgment Liens
- Medical Marijuana
- Real Estate and Bankruptcy
- Real Estate Appraiser Litigation
- Real Estate Broker Litigation
- Real Estate Purchase/Sale Transaction Litigation
- Real Estate Receivers
- Statutes Affecting Real Estate
- Title Insurance
- Uncategorized
- Zoning
Condemnation Actions: How Valuable Is Your Evidence of Property Value?
By: Erica Stutman When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the parties cannot … Continue reading
Author:
Erica Stutman
Comments Off on Condemnation Actions: How Valuable Is Your Evidence of Property Value?
Tagged assemblage, condemnation, eminent domain, highest and best use, just compensation, project influence
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Eminent Domain: Be Careful What You Ask For
By: Richard Herold and Patrick Paul The condemnation of property for public works may not always be as clean and easy as the government would like. Although local governments are often critical players in the cleanup and redevelopment of contaminated … Continue reading
Author:
Richard Herold
Comments Off on Eminent Domain: Be Careful What You Ask For
Tagged condemn, condemnation, eminent domain, environmental liability, real estate, real estate litigation, real property, seller disclosures, valuation
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Lenders Should Contract for the Right to Recover Lost Goodwill Proceeds when Commercial Property is taken in Eminent Domain
By: Anthony J. Carucci Business Goodwill Generally In California, the “goodwill” of a business “consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting … Continue reading
Author:
acarucci
Comments Off on Lenders Should Contract for the Right to Recover Lost Goodwill Proceeds when Commercial Property is taken in Eminent Domain
Tagged commercial real estate, condemnation, eminent domain, just compensation, lien, real estate, real estate litigation
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School district’s condemnation of a private road passes the test
By: Erica Stutman The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation” equal … Continue reading
Author:
Erica Stutman
Comments Off on School district’s condemnation of a private road passes the test
Tagged ARS 12-1111, condemnation, cost to cure, eminent domain, fair market value hearing, just compensation, severance damages
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Easements Made Easier: Building Pipelines with the Power of Eminent Domain Under the Natural Gas Act
By: Richard H. Herold Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to obtain easements across … Continue reading
Author:
Richard Herold
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Tagged condemnation, easements, eminent domain, natural gas act, pipelines
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Brandt Revocable Trust v. U.S. – the United States’ theory of land ownership derailed
By: Erica Stutman In Brandt Revocable Trust v. U.S., the United States Supreme Court held that abandoned railway rights-of-way that had been granted to railroad companies under the General Railroad Right-of-Way Act of 1875 left underlying landowners with property free … Continue reading
Author:
Erica Stutman
Comments Off on Brandt Revocable Trust v. U.S. – the United States’ theory of land ownership derailed
Tagged Brandt, condemnation, easement, General Railroad Right-of-way Act of 1875, real estate litigation, reversionary interest
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The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an Unconstitutional Taking
By: Rick Herold Introduction The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of unconstitutional … Continue reading
Author:
Richard Herold
Comments Off on The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an Unconstitutional Taking
Tagged condemnation, eminent domain, essential nexus, just compensation, land use, real estate litigation, rough proportionality, unconstitutional conditions, unconstitutional taking
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