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Courses/Law/Property / Real Estate Law

Key Issues in Land Valuation Litigation

Navigating Eminent Domain: Key Issues in Land Valuation Litigation

Created byKnowledge Group
IntermediateUpdated May 6, 2025
Key Issues in Land Valuation Litigation

What You'll Learn

check_circleUnderstand the principles of land valuation in eminent domain, including highest and best use analysis.
check_circleIdentify key valuation methods and the impact of project influence under the Miller Rule.
check_circleCompare how New York and New Jersey courts handle land valuation and business loss damages in eminent domain cases.
check_circleApply practical insights from case law to evaluate compensation and damages strategies.

About This Course

Eminent domain remains a critical legal area where public interest intersects with private property rights. The process of land acquisition through eminent domain often sparks disputes regarding the valuation of the property taken. 

Navigate the complex landscape of land valuation in eminent domain litigation. This course delves into the key legal and appraisal issues essential for determining just compensation when private property is taken for public use.

Drawing on constitutional principles and case law, we explore critical concepts including:

  • The definition and elements of just compensation, focusing on fair market value and highest and best use.
  • Detailed examination of the primary approaches to property valuation: Sales Comparison, Income Approach, and Cost Approach.
  • Navigating challenging rules like the Project Influence (Miller) Rule and its application across jurisdictions.
  • Understanding the compensability of business loss damages, including key exceptions for partial, temporary, or going concern takings.
  • Insights into procedural differences and key considerations in states like New York and New Jersey.
  • A brief look at inverse/de facto takings and emerging trends in eminent domain practice.

Gain practical insights and strategies for tackling valuation disputes in condemnation cases.

Your Instructors

Knowledge Group
Knowledge Group

Live and Recorded CLE & CPE Webcasts in the Legal, Tax, Finance, Risk, Compliance and Human Resources Industries

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Founded in November 2006, The Knowledge Group has established itself as a premier eLearning hub for Continuing Legal Education (CLE), Continuing Professional Education (CPE), and technology-focused webcasts. We equip lawyers, accountants, and industry professionals with expert-driven insights, timely regulatory updates, and practical strategies to help them stay ahead in an ever-evolving landscape.

Timothy P.  Duggan
Timothy P. Duggan

Shareholder at Stark & Stark, P.C.

Timothy P. Duggan is the Chair of Stark & Stark’s Condemnation, Redevelopment, and Eminent Domain Group. The main focus of this group is property valuation litigation and representing private property owners in challenging the government’s right to take private property by the use of the power of eminent domain (also known as condemnation) and prosecuting inverse condemnation claims. Mr. Duggan regularly represents clients whose highway access and property rights have been revoked or taken by the New Jersey Department of Transportation, County Agencies and utility companies, and has experience in handling all aspects of eminent domain, including relocation assistance, modification of highway access, and litigating the amount of just compensation. Mr. Duggan represents property owners in urban redevelopment projects and pipeline cases, and has experience in both state and federal courts.

Cynthia Siderman
Cynthia Siderman

Associate at Kramer Levin Naftalis & Frankel LLP

Cynthia Lovinger Siderman has represented clients in the area of eminent domain for more than two decades. Cynthia advocates for the interests of landowners and tenants, both in valuation trials to obtain just compensation and in appellate courts to protect and further the awards of compensation. Among her most notable work, Cynthia obtained settlements in excess of $100 million for the owners of waterfront properties in Williamsburg, Brooklyn, and she secured a settlement in excess of $20 million for the owners of commercial property condemned by the Metropolitan Transportation Authority (MTA) for the Second Avenue Subway. Cynthia has also served as condemnation counsel for government agencies, including the NYC School Construction Authority, the NYC Housing Authority and the MTA.

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