Situations in which the condemnor
could obtain on the open
The homeowner would suffer just as much if the land was taken for a road or a prison, instances in which no court is willing to second guess the judgment of the condemnor
as to whether the project is justified or where it should be located.
POSNER, supra note 94, at 41 (noting that compensation is intended to function as a guarantee that condemned land is in fact more valuable to the condemnor
than the owner).
115) The Court noted the general principle that "the government as condemnor
may not be required to compensate a condemnee for elements of value that the Government has created, or that it might have destroyed under the exercise of governmental authority other than the power of eminent domain.
pays an annual rental rather than the customary one-time payment seen in most condemnations.
73) Some states do, however, have what amounts to a liberal return policy in which a condemnor
confronted with the fiscal consequences of just compensation has the choice to decide not to go through with the purchase after all.
While a condemning authority is vested with discretion in selecting real property, there are "'five criteria that a condemnor
must weigh in order to properly exercise its discretion.
The legal issue remains: Whether, when land is artificially flooded creating a take under the Federal Power Act(32) and other federal legislation,(33) the state owns the artificially submerged land, or whether title remains in the condemnor
, or vests in someone else.
Virginia law requires the condemnor
to make an offer to purchase the property from the owner.
Medawar; Administrative Considerations, Procedures, And Pleadings To Initiate A Condemnation Suit By Condemnor
, Kenneth M.
However, in cases when the temporary taking is a construction easement, the North Carolina Supreme Court has held that the condemnor
is also liable for additional damages flowing from the use of the temporary construction easement, including changes made in the area resulting from the use of the easement that affect the value of the remaining property.
Condemnation blight generally refers to the detrimental impact on property caused by the threat of condemnation or by delays between the time the condemnor
announces a proposed acquisition and the time the actual taking occurs.