In contrast to a de facto taking, condemnation blight more accurately refers to a tool used in eminent domain cases for seeking the property's proper valuation, possibly traceable to a time before the actual
condemnation action was instituted.
review of a state's
condemnation action can prevent the pretextual
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.'" Id.
(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.
[section] 73.021, 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.(178) After the district court denied the city's motion for judgment on the pleadings, the parties entered into a settlement agreement whereby the city agreed to rezone the property to "permit a maximum total development" of 140 units.(179) The district court approved the agreement and made it part of the judgment.(180)
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.
Defendants appealed the entry of an order denying their motion for a judgment notwithstanding the verdict and in the alternative a new trial and the entry of a jury verdict and judgment of $20,000 in compensation for defendants in this
condemnation action.
(4.) It reports that the first recorded
condemnation action occurred in 871 BC, when a condemnor, King Ahab, attempted to acquire Naboth's vineyard.
Under the new law, property owners can ask a court to determine if a
condemnation action is being taken for a public project or a private one.
The first is a
condemnation action brought by Williams to reroute its pipeline through an existing rail yard.
The proper remedy for an unhappy condemnee litigant who blames the less-than-hoped-for outcome on an opposing expert witness's "flawed" testimony is to appeal the
condemnation action to a higher court, not sue the witness in a new case.
