(91) In such a case, the acts of the
condemnor are so detrimental to the landowner's property rights that they constitute a de facto taking of his property prior to the formal institution of the condemnation proceedings.
One property owner donated land to a
condemnor in the excitement of having an adjacent road significantly widened and upgraded.
fail, then the
condemnor must file a complaint in the appropriate court,
hurdles may prevent the
condemnor from proceeding with development.
Notably, the instant court made no mention of testimony by Severeid, leading to an inference that neither the
condemnor nor condemnee elicited his testimony.
(127) The Act also provides that, subject to a number of exceptions, "the exercise by any
condemnor of the power of eminent domain to take private property in order to use it for private enterprise is prohibited." (128) Exceptions include property that is blighted, (129) property to be transferred to "a private enterprise that occupies an incidental area within a public project, such as retail space, office space, restaurant and food service facility or similar incidental area," (130) and property to be developed as a low-income or mixed-income housing project.
The standard quick-take procedure requires the
condemnor to file a "declaration of taking" as well as a deposit of the appraised fair market value of the property with the court.
Percy's most vividly powerful act of self-recognition of the demonic element, of course, is the voice of Lance Lamar, the accuser,
condemnor, and murderer who brings the whole world, including God, to violent judgment without mercy or forgiveness.
However, section 153A-15 of the General Statutes clearly provides that the
condemnor (here, the city) must have the approval of the county board of commissioners of the county where the land to be condemned is located before final judgment may be entered in any action of condemnation initiated.
Recall that the court of appeals in Yonkers particularly doubted whether the City of Yonkers, "a reluctant
condemnor, which at every opportunity has resisted implementation of the Housing Remedy Order, could be counted on in state court to adequately protect the integrity of the Consent Decree."(329) In the court's assessment, the City of Yonkers could not be trusted to prosecute the state court condemnation proceeding vigorously.(330) Without a sincere commitment by the City of Yonkers to prosecute the state condemnation proceedings, the constitutional rights of the plaintiffs, as vindicated by the federal order, could not be guaranteed.(331)
A question that frequently arises is whether there had been a sufficiently clear delegation of the sovereign's powers of eminent domain to permit the
condemnor's taking of properties already committed to a public use for yet another public use.
The court held that, generally, the measure of damages for a temporary taking is the rental value of the land actually occupied by the
condemnor. When the taking is a temporary construction easement, the
condemnor is liable for additional elements of damages flowing from the use of the temporary construction easement, which may include, among other things, the cost of removing the landowner's improvements from the easement, the cost of constructing an alternate entrance to the property, and the changes made in the area resulting from the use of the easement that affect the value of the area in the easement or the value of the remainder of the property.
