Articles by Nathan Farris
Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case | JD Supra
Summary In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway even if the state has only condemned easements. The immediate effect of the decision was to triple the homeowners’ just compensation award from $6 million to $18 million. More broadly, the decision promises to have a far-reaching impact on future condemnation cases.
Pennsylvania: It’s Time to Appeal Your Real Estate Taxes | JD Supra
The Pennsylvania deadlines for appealing 2025 real estate taxes are fast approaching. There are several factors to consider in determining whether to appeal. In Pennsylvania, property taxes are based on the market value of your property. A property owner has the right to appeal an assessment if the owner thinks the assessed value is greater than the market value of the property. COVID-19 continues to affect many aspects of our economy, including property values.
Pennsylvania: It’s Time to Appeal Your Real Estate Taxes
The Pennsylvania deadlines for appealing 2025 real estate taxes are fast approaching. There are several factors to consider in determining whether to appeal. In Pennsylvania, property taxes are based on the market value of your property. A property owner has the right to appeal an assessment if the owner thinks the assessed value is greater than the market value of the property. COVID-19 continues to affect many aspects of our economy, including property values.
U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case | JD Supra
April 17, 2024 Nathan Farris, Edward Rogers, Lee Silverman Ballard Spahr LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Summary The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits.
U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case
Summary The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits. The Supreme Court’s April 12 ruling reverses a California Court of Appeal decision holding that legislatively imposed impact fees are exempt from the unconstitutional-conditions doctrine adopted in prior Supreme Court cases.
Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees | JD Supra
Summary The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the unconstitutional-conditions doctrine adopted in prior Supreme Court cases.
Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees
Summary The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the unconstitutional-conditions doctrine adopted in prior Supreme Court cases.
Pennsylvania Supreme Court Splits Over Tax Appeals | JD Supra
On February 28, 2023, the Pennsylvania Supreme Court split 3 - 3 in GM Berkshire Hills LLC v Berks County Board of Assessment and Wilson School District, leaving in place a school district’s ability to target recently sold properties for real estate tax assessment appeals. The three opinions discussed below are available here, here and here.
Pennsylvania Supreme Court Splits Over Tax Appeals
Summary The recent 3 – 3 split by the Pennsylvania Supreme Court in GM Berkshire Hills LLC v Berks County Board of Assessment and Wilson School District leaves in place a school district’s ability to target recently sold properties for real estate tax assessment appeals.
Philadelphia Zoning and Land Use Update - March 2022 | JD Supra
UPDATE: OPA Releases Final Abatement Regulations Answering Several Questions The Philadelphia Office of Property Assessment (OPA) recently finalized regulations (the Regulations) addressing many issues that we identified in our January 12, 2022, alert. As we previously noted, OPA proposed regulations that implemented changes in Philadelphia’s 10-year tax abatement affecting the timing and value of 10-year real estate tax abatements.
Upcoming Hearing on New Regulations That Could Devalue 10-Year Tax Abatement for Some Mixed-Use Properties | JD Supra
Philadelphia Zoning and Land Use Update The Philadelphia Office of Property Assessment (OPA) has issued draft regulations for the implementation of the changes in Philadelphia’s 10-year tax abatement in 2022. Starting on January 1, 2022, the residential abatement decreased in value by roughly 50%, while the commercial abatement decreased by 10%. So it now matters whether a property is categorized as residential or commercial.
Sixth Circuit Rules That Tree Ordinance Is a Taking | JD Supra
The Township of Canton, Michigan, like many local governments, requires property owners who remove trees of a certain size to either replace those trees or pay into a fund for the planting of new trees. The Sixth Circuit recently ruled that this requirement imposed an unconstitutional exaction, which is a kind of regulatory taking. This case could have far-ranging effects both on the application of tree ordinances and the imposition of permitting conditions generally.
Supreme Court Rules That Private Parties May Condemn State-Owned Property
United States: Supreme Court Rules That Private Parties May Condemn State-Owned Property 02 July 2021 by Edward D. Rogers (Philadelphia) , Michael Sklaroff (Philadelphia), Nathan Farris (Philadelphia) and Paul Keller Ort (Philadelphia) Ballard Spahr LLP To print this article, all you need is to be registered or login on Mondaq.com. On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA).
Supreme Court Rules that Private Parties May Condemn State-Owned Property | JD Supra
On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction of pipelines and other public-private infrastructure projects.
Supreme Court Agrees to Hear Pipeline Condemnation Case | JD Supra
On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous panel of the Third Circuit Court of Appeals held that the Natural Gas Act (NGA) does not grant private utilities the power of eminent domain over state-owned property. The case is set for argument in April.
Do the COVID-19 Shutdowns Constitute Takings Or Due Process Violations? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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