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See some of Saul Fenchel's eminent domain articles covering various subjects in Eminent Domain Condemnation.

Can I make a claim to get paid?

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YES. Any person with an interest in the property taken has a potential claim. This includes, of course, the owner of the property. But it also includes lessees, and mortgagees, as well as owners of fixtures and equipment affected by the taking. In some cases, the lessee, especially those tenants occupying property under the so-called triple net long term lease may actually have the greater interest. The allocation depends on the condemnation clause. See Section XXIV below. Summarizing: a claimant can include:

  • The fee owner
  • The lessee (whose rights will typically be defined by the lease)
  • The owner of the fixtures
  • A bank or any mortgagee
  • The holder of an option to purchase the property especially if the option has been or will be exercised
  • A contract vendee

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