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The Preeminent Domain

An Eminent Domain and Land Use Blog

Category: Permits

Court of Appeals Allows Expert Testimony on Permit Issue and Bars Similar Sale Evidence

The Wisconsin Court of Appeals recently issued a decision permitting a DOT appraiser to testify that a landowner would have been required to obtain a new driveway access permit from the DOT to convert his property to a commercial use. This resulted in a lower value for the subject property. In the same ruling, the Court of Appeals barred the landowner from introducing evidence of what the DOT paid other nearby property owners for similar land. While the decision is... Read More ›
Justin Lessner
Justin Lessner
January 5, 2015

If a Permit Condition Is Not a Compensable Taking, It Is Constitutional

It is a natural assumption that if a municipality is going to impose conditions on the granting of a building permit that the conditions must be reasonably related to the permit or else the conditions are not constitutional. But, a California court has held that if the condition that is being imposed does not unconstitutionally take something from the landowner, then it does not matter if the condition is reasonably related to the permit or not. In Powell v. County... Read More ›
Michelle Martin
Michelle Martin
February 21, 2014