Incompetent valuation KOs jury verdict
The jury’s verdict in an eminent domain trial could not stand because the jury relied solely on the valuation the expert for the Pennsylvania Department of Transportation (PennDOT) did, “which was incompetent.”
State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. (In re Condemnation by DOT)
The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.
Verdict Based on an Expert’s Incompetent Report Cannot Stand, New Trial Ordered
The jury verdict was set aside in this Pennsylvania condemnation case for reliance on an incompetent report by the expert witness for the Pennsylvania Department of Transportation. The report did not account for the damages the hotel incurred on the unclaimed property for loss of business due to the condemned property. Additionally, the court decided that a new trial, which the trial court did not allow, should be allowed and remanded for a new trial.
Valuators in Taking Case Disagree Over Measure of Damages
Court deems expert’s discretionary cash flow analysis an appropriate formula for determining loss to owner of expropriated business but says compensation calculation may be based on other methods, including rule of thumb guide for selling donut shop.
City of Baton Rouge v. Jay’s Donuts, Inc.
Court deems expert’s discretionary cash flow analysis an appropriate formula for determining loss to owner of expropriated business but says compensation calculation may be based on other methods, including rule of thumb guide for selling donut shop.
GAAP ‘Relevant,’ But ‘Not Controlling’ in Solvency Analysis
District court says trustee expert’s failure to value the debtor company as a going concern meant the trustee did not prove insolvency; and, the expert improperly relied on GAAP in assessing assets and liabilities, which though relevant, are not controlli ...
In re Flashcom, Inc.
District court says trustee expert’s failure to value the debtor company as a going concern meant the trustee did not prove insolvency; and, the expert improperly relied on GAAP in assessing assets and liabilities, which though relevant, are not controlli ...
Lost Profits Calculation Must Reflect Real-World Costs and Mitigations
Court rejects incremental costs in calculation of lost profits award.
Rose Acre Farms, Inc. v US
Rose Acre Farms, Inc. (“Rose Acre”) filed the present action in the United States Court of Federal Claims in 1992, claiming that United States Department of Agriculture (“USDA”) regulations that restricted egg sales from and imposed other requirements o ...
City of San Antonio v. El Dorado Amusement Co., Inc.
The Texas Court of Appeals reversed an award of damages in this takings case because lost profits were duplicative of the market value of the property when valued using an income approach method. The City had taken the business’ liquor license and the val ...
Value of Taken Liquor License Determined Using Before-and-After Method
The Texas Court of Appeals reversed an award of damages in this takings case because lost profits were duplicative of the market value of the property when valued using an income approach method.
City of Santa Clarita v. NTS Technical Systems
The California Court of Appeals, Second District concluded, based on the testimony of a financial expert, that the owner of condemned property suffered no loss to its goodwill as a result of a partial taking of property used as a munitions testing facilit ...
Financial Analysis Shows Loss of Revenue Not Linked to Partial Quick Take of Munitions Testing Property
The California Court of Appeals, 2nd District, concluded, based on the testimony of a financial expert, that the owner of condemned property suffered no loss to its goodwill as a result of a partial taking of property used as a munitions testing facility.
Evidence of Lost Profits Permissible Where Partial Taking Restricts Access
The issue in this case was whether evidence of lost profits could be used to show the value of property for condemnation purposes.
Carroll County Water Authority v. LJS Grease & Tallow, Inc.
Business loss permitted to show value of unique business in condemnation ...
Department of Transportation v. M.M. Fowler, Inc.
The issue in this case was whether evidence of lost profits could be used to show the value of property for condemnation purposes.
Nevada Condemnation Valuation Exception Explained
This condemnation case presented the issue of valuing a business to which franchise licenses for the business could no longer be obtained.
Redevelopment Agency of the City of San Diego v. Attisha
California Court of Appeals approves use of comparable sales data from Pratt's Stats (and other) databases for use in determining goodwill value of businesses taken by eminent domain ...
Reasonable Offer Excludes Recovery of Later Costs and Expenses
This appeal of an award for condemnation focused on the trial court’s failure to award litigation expenses to the condemned property’s owner.
L.A. Unified School District v. Chong Mo Chong dba My Tina
This appeal of an award for condemnation focused on the trial court’s failure to award litigation expenses to the condemned property’s owner.
State of Nevada v. Cowan
This condemnation case presented the issue of valuing a business to which franchise licenses for the business could no longer be obtained.
Value of Goodwill Lost Through Condemnation Is Supported by Evidence of Increased Costs
The issue in this condemnation case was the decrease in goodwill value caused by the eminent domain action of the Redevelopment Agency of the city of San Diego (the Agency).
The Redevelopment Agency of the City of San Diego v. San Diego Specialty Produce, Inc.
Court affirms company's claim for loss of goodwill and claim that value of subleasing unused space should reduce the judgement since it was not reasonable to do so.
Discounted Cash Flow Valuation of Condemned Property Rejected
The California Court of Appeal affirmed the lower court’s decision to exclude the valuation of condemned property using the discounted cash flow (DCF) method.
City of Stockton v. Albert Brocchi Farms, Inc.
The California Court of Appeal affirmed the lower court’s decision to exclude the valuation of condemned property using the discounted cash flow (DCF) method. The farm appealed the exclusion of the valuation. It also argued that an income valuation was ap ...