Publication Topics Archives: Appraisal Process

United States v. Miller – The Most Misunderstood Condemnation Case

By M. Robert Goldstein & Michael Rikon

April 29, 2010

This article explains common misinterpretations of the “Miller Rule”, aka the “Project Influence Rule”, which holds that when determining the value of property taken, a condemnee may not receive an enhanced value for its property where the enhancement is solely due to the property’s inclusion within the very public improvement for which it was condemned.

Read more >

A Partial Taking: Major Damages to Remainder Are Not Automatic

By M. Robert Goldstein & Michael Rikon

December 24, 2008

When the condemnor undertakes a partial taking, damages are generally computed by determining the fair market value of the property before the taking as compared to the fair market value after the taking. However, remainder damages may be awarded when a partial taking causes a consequential loss to the remaining property. This article explains the appraisal process applicable to such a case.

Read more >

Deduction of General and Special Benefits

By M. Robert Goldstein & Michael J. Goldstein

April 22, 1998

This article provides a thorough analysis of the difference between General and Special benefits as it relates to the valuation of properties taken in eminent domain. General benefits result from the fulfillment of the public project which necessitated the takings and are common to all lands in the vicinity of a condemnee’s property. Special benefits are those that arise from a peculiar relation of the land in question to the public improvement.

Read more >