FLORIDA’S IMPACT FEE BED DOES NOT NEED SHEETZ

Some have argued that a recent Supreme Court case, Sheetz v. El Dorado County, 601 U.S. 267 (2024), casts doubt on Florida local governments’ ability to continue charging impact fees to ensure that growth pays for its impact on public facilities. Actually, the standard in Sheetzhas its origins in state caselaw, dating back decades in Florida, and in century-old principles in the statutes of most states. Sheetz does not appreciably change the legal standards applicable to Florida impact fees.

Legislation enacted by El Dorado County, Californ  More...

What is the Value of a Road

There are times when you determine that what appears to be a public road is actually under private ownership.  This private ownership can either be full fee over a particular area of the road, or ownership that may be subject to an easement.  How do you value that road when you need to acquire it pursuant to a right of way project?

Although it may seem that the obvious way to value the road would be the construction value of the road, that is not the proper way of determining its value for acquisition purposes.   An accepted way of  More...

Choosing the Correct Unit of Measurement in Valuing Property in Eminent Domain:

When appraising the land to be acquired pursuant to the potential acquisition of property for right-of-way projects it is important to utilize the correct unit of value. If the correct unit of value is not utilized it can result in the property being undervalued, which could lead to a too low initial offer to the property owner. A too low initial offer can result in higher fees and costs for the condemning authority seeking to acquire property for a particular project.

I have seen too often where the a per square foot value of land was used in an appraisal when that w  More...

Ask the Attorney

What do you consider to be the most important issue today in regard to the valuation of residential real estate as relates to acquisition of property for right of way projects?

In answering this question it would be easy to say that rising interest rates, and the pressure that interest rates place on demand, which impacts value, is the most important issue today impacting the valuation of residential real esta  More...

The Potential Impacts of Harmonization

As part of many road widening projects there is a change in grade, as the crown of the road is raised as part of necessary drainage modifications pursuant to the proposed widening and expansion of travel lanes.  This elevation of the road will often have a corresponding impact on the grade differential of the travel lanes and properties adjoining those travel lanes.  As a result of these changes in grade differential between the travel lanes and adjoining properties, access to those properties can be impacted pursuant to the creation of a non-fun  More...

Super Cure

In acquiring right of way from commercial properties it often becomes apparent that some sort of cure will need to be done in order to mitigate damages to the remaining property.  Typically we think of cures to the real estate.  For example, a cure could restore parking, or access, or reestablish utilities, as a way of reducing damages to the remaining real estate.

Too many times, however, the cure being considered does not adequately address potential business damages, which might b  More...

Don’t Forget the Variables

In my last Blog I discussed the importance of fully considering access, as part of analyzing properties to be acquired for proposed Right of Way projects.  There are other variables that also should be considered when determining how acquisitions may impact certain properties.  Failure to consider these variables may result in much higher acquisition costs and potential business damages.

Too often when analyzing the cost of Right of Way to be acquired for a certain project what we see is not actually the true value of what is being acquired.  In this time of  More...

Don’t Forget the Variables

By Pete Waldman, Esquire
Partner at Weiss Serota Helfman Cole + Berman

The two variables that I would like to focus on in this writing are drainage and landscaping.  Both items must be paid attention to when seeking to acquire land from improved properties.  Drainage needs to be maintained, so that neither the property or the adjoining roadway experience improper drainage, and depending on the jurisdiction where the property is located there may be strict rules regarding the required landscaping.

It is important to under  More...

Acquiring Right of Way From Commercial Properties – Access, Access, Access

By Pete Waldman, Esquire
Partner at Weiss Serota Helfman Cole + Berman

We have all heard the term Location, Location, Location in the context of valuing real property. In the same realm of importance as location is access. A major part of what gives commercial property value, whether it be a retail gasoline site, a shopping center, or a distribution warehouse property is access. It is essential as right of way professionals that we fully analyze the properties within the parameters of our proposed projects with access in mind.

What type of vehicles nee  More...

Keeping The Transmission Right Of Way Encroachment Free

Infrastructure Bill

There is now going to be a large amount of money for what we do.   Now that Congress has passed, and the President has signed, the Infrastructure Investment and Jobs Act there will be made available a significant amount of money for what we do as Right of Way Professionals.   The total amount of the Bill is $1.2 trillion, of which Florida is scheduled to receive approximately $1.6 billion.  

That is $1.6 billion with a B for a wide range of projects, including ports and airports.  This is an amazing opportunity for all of us who call ourselve  More...

Don’t Forget the Tankers

Due to the location of Gasoline Station/Convenience Store properties at heavily traveled intersections, those types of properties are often the subject of acquisitions for road widening projects. In analyzing these types of properties the Right of Way Professional should remember that the starting point has to be access and on-site circulation for the gasoline delivery tankers. If the tankers can’t deliver fuel that site is no longer going to be a Gasoline Station.

When you are doing your initial analysis of the site locate the Underground Storage Tanks,  More...

Don’t Sit on Your Butt – The Answers are in the Field!

by Pete Waldman, Esq.

It is important to fully understand the property and the parcels that you will be acquiring for a particular project. You can’t do that sitting in your office. You need to go to the field. Walk the project with the whole team and understand the properties from which you are acquiring parcels. This may seem archaic in the days of Google Earth and other such search engines. However, the old ways are still the best ways when you are doing certain things.  More...