condemnation action


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Related to condemnation action: Right of eminent domain

condemnation action

n. a lawsuit brought by a public agency to acquire private property for public purposes (schools, highways, parks, hospitals, redevelopment, civic buildings, for example), and a determination of the value to be paid. While the government has the right to acquire the private property (eminent domain), the owner is entitled under the Constitution to receive just compensation to be determined by a court. (See: condemnation, eminent domain)

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In light of Missouri's recognition of condemnation blight and the constitutional prohibition against the taking or damaging of property without just compensation, the court determined that a claim for condemnation blight, which included the allegations of Clay County Realty, is permissive as an inverse condemnation action.
redevelopment corporation's condemnation action based on a finding
It then reasoned that the city's condemnation action was based on a zoning system that "would unquestionably 'limit[ ] or restrict[ ]' Cottonwood's 'use or development of land.
217) If the appraisal is not made using "generally accepted appraisal practices," the condemnation action gets dismissed, and the condemnor is taxed the targeted condemnee's costs.
021, is the pleading those having the right to exercise the power of eminent domain may file and which begins a condemnation action), counsel should keep in mind that condemnation actions typically involve many parties.
The Stephens filed an inverse condemnation action against the city in state court, and subsequently filed another action in federal court on the same grounds, also alleging violation of civil and constitutional rights.
2003) (finding, in an inverse condemnation action, that the city's ongoing negotiations with the development company from late 1987 onward substantially interfered with the appellant's property, which entitled him to compensation for diminished value); City of Buffalo v.
During a regular condemnation action, the local government exercises what is known as "eminent domain," which provides for recognized processes to obtain compensation.
The inverse condemnation action brought by the landowner alleged that the acquisition and demolition of the buildings surrounding the two hotels "destroyed the residential character of the area, destroyed the attractiveness of the hotels as residential property, and rendered the property unfit for its sole feasible use.
Broughton argued the inverse condemnation action against the states was proper in federal court because Congress abrogated the states' immunity under the Eleventh Amendment to the U.
The city also has begun condemnation action against nine property owners at the mall site.