Land Use counsel James G. Greilsheimer and associate Cynthia Lovinger Siderman’s article “Valuation of Real Estate in Eminent Domain Proceedings During Recession” appeared in the September 6, 2012 issue of The New York Law Journal. The article focuses on whether, in eminent domain proceedings, property taken during the Great Recession should be valued in the usual manner as of the date of taking, or should sales before the Great Recession be taken into account to spare the condemnee from what could otherwise be an unfair result. The authors examine eminent domain cases from the Great Depression and Great Recession for how fair market values can be determined for such properties, including when, in an abnormal market, courts have valued property on a date other than the date of taking; when pre-recession values are not relevant; and when the award can be less than the amount of the mortgage.

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