Real Estate & Property Law

Is a third party arbitrator binding?

By Alan Ackerman

Legal Times

The U.S. Court of Appeals for the D.C. Circuit last week affirmed a decision by the U.S. District Court to dismiss a case brought by four plaintiffs, who each own or lease property in the shopping center. The plaintiffs argued that the city took the property to benefit a private developer, violating the takings clause of the Fifth Amendment.

The D.C. Circuit said the federal courts should for now defer to the D.C. Superior Court, where multiple similar cases, many involving the same people, are pending. In Superior Court, the shop owners and tenants are the defendants in condemnation actions filed by the city.

This article relates to the process by which a third party decision maker proceeds. Further, is the Court arbitrator binding or non-binding?

At least the legislators have an understanding that there is a problem because the arbitrator likely is someone so well learned in the issues, since the arbitrator was probably a former or continuing employee of either the gas companies or companies so similar that the owner may not feel they receive a fair trial. This is a very difficult question. 

Full post as published by National Eminent Domain Blog on March 16, 2010 (boomark / email).