688 (1985) (finding a de facto taking where the condemnor
engaged in precondemnation activities for over 10 years and to a point where plaintiff's land was the only private land within a national park).
The New York courts have consistently held that provisions in a lease calling for a sign to remain the personal property of the tenant are not transferable to a dispute between a sign-owning lessee and a condemnor
An extension of the preceding Supreme Court case logic suggests that a condemnor
must use the valuation methodology existent in the market for telecommunications utility corridor rights of way in justly compensating the owner of property having such uses as its highest and best uses.
When real property is taken for a public purpose pursuant to the power of eminent domain, the primary dispute between the condemnor
and the owner usually concerns the determination of just compensation.
A problem exists, and the decision maker (the buyer or seller, landlord or tenant, condemnor
or condemnee, borrower or lender) seeks expert advice.
In Virginia, following the initial determination concerning the value of the property in its entirety, the condemnor
pays the award to the court, and a separate proceeding is initiated by owners of interests and estates in the property (including tenants) regarding the allocation of the award.
The scenario gets even eerier if a maverick attorney working for the condemnor
gets creative and fills the easement document with legalese that the property owner is expected to understand and show agreement with by signing the document.
Another point regarding the calculation of just compensation involves the following premise: The owner must be compensated for what has been lost and not what the condemnor
Unless provided otherwise by statute, a taking occurs when, after entry, the condemnor
takes physical possession, uses the property or facilities thereon, and puts legal restrictions on the owner of property.
The second application involves a situation in which the condemnor
was acquiring hundreds of parcels to make major improvements on a 12-mile stretch of an important commercial arterial road in the northeast Detroit metropolitan area.
receives estimates from its environmental and engineering consultants that remediation will cost $1.
The figures suggest that the condemnor
would do well to proceed with the partial take ($470,000) rather than the total take ($850,000).