Eminent Domain Report

In the most recent biannual report from the Real Estate Law Committee of the International Right of Way Association, we collaborated with Robert Thomas and Ajay Gajaria to examine numerous cases at local, state and federal levels from January to the end of May 2022 that are of interest for professionals in the right-of-way industry.

In the report we also take a brief look at pending, failed and adopted legislation, while also providing updates on federal funds that have been or have yet to be allocated through the recent Infrastructure Bill. The report also provides a breakdown of similarly notable cases in Canada, further demonstrating a shifting global and socio-political importance in the expansion of eminent domain law.

The report showcases fundamental reasons why developers, owners and other related entities should pay close attention to the developing field, notably giving examples in right-of-way and condemnation, as well as updates to quick-take procedures and processes of valuation. Profitability and losses can be more readily determined with the increase in legislation, which is ultimately what the report sheds light on – a shift to a more cognizant market force.