The Richardsons, who owned beachfront property, did not grant the requested easement rights so the Town filed a condemnation action
. The trial court granted the easement and continued all other hearings, including as to damages, until after the nourishment project was completed.
Tenders are invited for provide a blight study of the blight study area in anticipation of a possible condemnation action
. the consultant will prepare and present to the authoritya final, written report of its findings and recommendations.
Under Connecticut's new law, the New London homeowners would still be on the losing side of a condemnation action
He may either seek redress in the condemnation proceeding, as instituted by the state, or he may initiate an inverse condemnation action
. (38) When the state has actually instituted expropriation proceedings against the landowner, he will simply have to allege that the valuation of the property should include condemnation blight damages.
eminent domain condemnation action
, and a hearing on whether the taking
While the court's first justification for applying heightened scrutiny was that the denial of a CUP plainly triggered RLUIPA's core zoning provision, (33) the district judge also indicated (in dicta) that even if only the condemnation action
had been at issue, the Act's definition of "land use regulation" should have been read to include Cypress's exercise of eminent domain as part of its larger redevelopment plan for the area.
(4) This act created new protections for landowners, including a requirement that the would-be condemnor must attempt to purchase the land from the would-be condemnee engaging in "good faith negotiation" before filing a condemnation action
. (5) One requirement of "good faith negotiation" is that the condemnor must make an offer to purchase the land at a price no lower than the land's value, as established either by an appraisal or through "an explanation with supporting financial data." (6) Where the condemnor uses an appraisal to establish the value of the land, that appraisal must have been "made by a state-licensed or state-certified appraiser using generally accepted appraisal practices." (7)
The Smiths did not accept Arkansas Midstream's offer, and the company filed a condemnation action
In November 2004, voters elected a new council that ended the condemnation action
in April 2004.
The authority exercising the power of eminent domain is referred to as the "condemning authority"8 and, once a condemnation action
has been filed, the "petitioner." (9) Those named as defendants may be referred to as "condemnees."
"Defendant next contends that plaintiff's claim should be characterized not as negligence but as a continuing and permanent trespass and nuisance, and therefore as an inverse condemnation action
Yet, in a condemnation action
, he cannot recover the costs of relocating his business."