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Overview
We have been retained by attorneys in a number of cases
involving eminent domain. Quite often we are called
upon to render an opinion based on extensive experience
with the industry. In some cases, we have provided market
analyses of historic and projected future market conditions
in order to determine fair market value.
Landfill
with Proximity to New York City Defends Against Condemnation
We were hired by a major landfill owner and their legal
council in a condemnation case whereby a state agency
seized land that represented permitted landfill capacity.
Because this capacity is proximal to the New York City
market, it was believed to have been vastly undervalued
by the state agency. We developed an analysis of the
existing marketplace and developed an economic model
in order to project future demand for landfill disposal
in the Northeast US. Using discount cash-flow analysis,
we were able to offer the court an argument in favor
of a much higher price for the property. (Ref. 00041A).
Private
Owner Defends Against State Condemnation
In conjunction with a landfill engineering firm, we
represented a client whose land was condemned by a state
agency seeking to expand in adjoining ash monofill.
By conducting an analysis of prevailing market conditions,
examining major industry and local market drivers, and
projecting future conditions, we helped to argue in
favor of a higher price for the property in question.
(Ref. 0003DL).
State
Defends its Withdrawal of a Landfill Developer's Permit
We were hired by a state agency and their legal council
in defense of the state's valuation of a condemnation.
Although the state agreed that its withdrawal of a previously
awarded landfill permit was tantamount to a taking,
the agency denied the monetary impact that was argued
for by the plaintiff developer. We developed an analysis
of existing and future projected market conditions in
order to predict how much revenue might be earned had
a landfill been developed. We also examined all waste
disposal operations with or considering rail access
in order to substantiate our case regarding the potential
marketplace. (Ref. 00037S).
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