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Eminent Domain and Expert Witness Testimony

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).