Eminent Domain FAQ

View Eminent Domain/Condemnation FAQ
Eminent Domain FAQs about Eminent Domain Condemnation Law.

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One of the questions which sometimes arises in evaluating the damages or potential damages when a portion of property is taken by government pursuant to its power of condemnation or eminent domain is whether there can be a recovery even where the highest and best use of the property remains the same both before and after the taking.

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The Court’s function in a condemnation proceeding, which is imbued with the overall obligation to achieve the constitutional objective of just compensation, is not the acceptance of one value or the other.

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In New York, it is common for the government where it exercises the power of condemnation and eminent domain to also take a “temporary easement” to accomplish construction.

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A condemnation clause in a lease is relevant only to the allocation of loss between the individual parties or to allocate the total award of damages between them when there are conflicting claims.

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A public furor followed the recent Kelo decision by the Supreme Court of the United States,Kelo v. City of New London, 125 S.Ct. 2655 (2005).Yet, after the dust had settled, many commentators realized that there was nothing new about the Kelo case.

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*The reader should note that since the original issuance of these articles, there have been additional cases decided by the courts on these subjects.

Other Articles on Eminent Domain/Condemnation:

  • Environmental Contamination - Effect on Valuation
  • Title Issues in Eminent Domain
  • How the Exercise of Eminent Domain Effects the Mortgage Interest Rate
  • Hidden Damages - the Partial Taking
  • The Expert Witness
  • Relocation Assistance
  • Damages for Loss of Frontage

Articles on Real Property Tax Appeals (Tax Certiorari):

  • Tax Appeals: Valuation and Procedure
  • Tax Appeals: Negotiation
  • Real Property Tax Valuation of Contaminated Property
Articles on these subjects, as well as others, will be periodically added to this site. However, if you are interested in these subjects, please contact Saul Fenchel, Eminent Domain Lawyer.