The valuation method applied by both the property owner's appraiser and the
condemnor's appraiser were found to be improper for failing to properly account for the contributory value of improvements.
Where a taking is temporary in duration rather than permanent, then the condemning authority "essentially takes a leasehold in the property," and "the value of the taking is what rental the marketplace would have yielded for the property taken." If the
condemnor is the only party to admit evidence to the court of the value of the real property taken, the court may use that evidence to determine the just compensation of the property and enter default judgment against defendant landowners and award the defendants their just compensation as determined by the
condemnor.
In a condemnation action, the defendant is the claimant, so the defendant may take a voluntary dismissal, thereby accepting the
condemnor's deposit and ending the action.
32.06(2a) does not require a
condemnor to negotiate in good faith regarding any subject other than compensation.
[1975] 31 Ill.App.3d 88, 334 N.E.2d 810, 818 ["Although in most situations a collateral attack upon zoning is not permitted in an eminent domain proceeding, that principle is inapplicable to the situation where the
condemnor purporting to exercise its police power by enacting a zoning ordinance has in reality discriminated against a particular parcel or parcels of land in order to depress their value with a view to future takings in eminent domain.
nearly universal rule is that the
condemnor pays only one award, as if
The government is provisionally authorized to take the property for public purpose or public use whenever the court issues a writ of possession in favor of the government may take the property for public purpose or public use upon the issuance and effectivity of the writ of possession[However] the title to the property does not pass to the
condemnor until just compensation is paid, the high court said.
If Eminent Domain Proceedings Are Considered, The Nj Licensed Land Surveyor Acting On Behalf Of Prospective
Condemnor Pursuant To Njsa 20:3-16 Et Seq.
Once negotiations have occurred and a monetary offer has been extended, the
condemnor may commence an action in which the commissioners make an administrative determination of the value of the property taken, the benefits to the landowner, and the reduction, if any, in the value of the landowner's remaining property.
Real eminent-domain reform will only occur when Americans rethink the Norman roots of property holding and revive the jury s power to interpose between the
condemnor and condemnee.
to the owner for his particular purposes or to the
condemnor for some
(66) Second, the court defined condemnation blight as "[t]he damages suffered when a 'cloud of condemnation' hangs over a property and an actual taking is never effectuated or is long delayed." (67) Furthermore, Missouri adopted a form of statutory relief for landowners suffering from condemnation blight, but only in the situation when the
condemnor abandons the proceedings.
