Litigation support vital in condemnation cases

Article Abstract:

Attorneys trying condemnation cases must be careful to choose an appraiser knowledgeable in the area of valuation law in their jurisdiction. Both attorneys and appraisers need to know basic property rights. When the court feels that just compensation is a proper part of the evidence, the appraiser's job is to give an expert opinion of fair market value to aid in its determination. The approaches of cost, income or market data are those most commonly used in valuation, and the market data approach is the one most widely accepted by the courts.

Practice, Appraisers, Inverse condemnation

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Two appraisal experts, two very different values; courts are challenged to apply their evidentiary gatekeeping role in just-compensation suits

Article Abstract:

Issues are discussed regarding the importance of expert evidence in regulatory taking suits seeking just compensation under the Fifth Amendment. The reasons the Daubert factors for the exclusion of expert evidence are not suitable to typical fair market value sales-comparison appriasal evidence and to the former property owner's right to just compensation are also discussed.

Remedies, Regulatory taking (Law)

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Court finds no coverage exclusion in bankruptcy; trustee is separate from the corporation; D&O 'insured v. insured' exclusion can't apply

Article Abstract:

The ruling in Reiser v. Baudendistel that the corporation and the bankruptcy trustee were separate legal entities and that the 'insured v. insured' exclusion in directors' and officer's liability insurance had no application to the trustee's claims is discussed.

Direct Property and Casualty Insurance Carriers, Surety insurance, Directors & Officers Liability Insur, High technology industry, Finance, Directors' and officers' liability insurance, Bankruptcy

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