Although Minnesota's new law also provides for attorney fees and allows for some means of compensating property owners in condemnation proceedings
, the bulk of the legislation focuses on the parameters of public use.
Unable to persuade the owners of AutoCraft Body & Paint to sell their property for $824,000, the city of Eugene has started condemnation proceedings
to clear the way for the planned federal courthouse.
In March 2001, the Administration did institute condemnation proceedings
and the parties settled that proceeding for $1,325,000.
After numerous proceedings, the city, on its own motion, dismissed tire condemnation proceedings
. Subsequently, the Ruses filed a motion alleging they incurred significant legal and expert witness fees because of the condemnation proceedings
For the sake of economic development, jurisdictions appear more willing to condone the less complicated path of condemnation proceedings
than to exercise the mix of its given governmental powers (namely police power, eminent domain, and taxation) to orchestrate the metamorphosis of urban economic systems from declining to more marketable uses.
If a federal agency abandons a condemnation proceeding
or a federal court rules that the agency cannot acquire a property through condemnation, an owner is entitled to reimbursement for "reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings
." (3) A property owner also has a right to such reimbursement following a favorable judgment or settlement in an inverse condemnation proceeding
initiated by the owner against a federal agency.
If one important point emerges from the din of IRS regulations, revenue rulings, and tax court decisions, it is the importance of effective drafting of settlements in condemnation proceedings
and prelitigation sales negotiated under the threat of condemnation.
In the condemnation proceedings
, Five Forks asserted that based on the purchase option, it had a compensable interest in the property.
For this purpose, the AFAB, with the concurrence of the appropriate and affected local government units and the agreement and appropriate national government agencies, government owned and controlled corporations and instrumentalities and the approval of the AFAB Board in accordance and in compliance with existing laws and local ordinances shall have the power to acquire, procure, and/or expand either by purchase, negotiation, condemnation proceedings
, or any other agreement.
Other property owners appear more willing to sell easement rights without going through condemnation proceedings
Both FPA and Kmart entered the condemnation proceedings
, asserting rights to just compensation.
The Met Council's right-of-way acquisition team will use the consultant's independent analysis in "presenting and defending the council's position in condemnation proceedings
," according to the RFP.