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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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