Real Property Law Book

June, 2007

Current Condemnation Law: Takings, Compensation & Benefits, Second Edition

By Alan T. Ackerman & Darius Dynkowski

http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5430464

 

Condemnation of property is an especially topical subject after the U.S. Supreme Court's controversial decision in Kelo v. City of New London. This completely revised edition of Current Condemnation Law examines the many complexities involved in the practice of eminent domain law in order to assist lawyers in best protecting the clients' interests in these cases. The book brings together experts in the specialty to provide analysis of both major and specialty areas of condemnation law, providing "how to" tips along with current discussions of case law and theory.

The chapters in Current Condemnation Law provide a thought-provoking mix of articles covering the key topics of business valuation, contamination issues, the right to take, and payment for business damages. Written by some of the ablest practitioners in condemnation law, this book will assist both new and veteran practitioners to develop and maintain a successful condemnation law practice.

While the first edition considered the offer process and procedural and valuation issues, this new edition also addresses emerging issues that relate to some areas outside pure procedure and focuses on the constitutional basis of the process and compensation, including the growing issue of inverse condemnation. Among the topics covered include:

  • Eminent domain and public purpose in the Kelo decision
  • Rules of federal eminent domain proceedings
  • Public use limitation in eminent domain
  • Valuation analysis and approaches for contaminated property
  • Temporary taking valuation process
  • Entrepreneurial profit
  • Valuation for utility corridors
  • Inverse condemnation actions, including ripeness and abstention, the risks of delayed condemnation, and condemnation blight
  • Changes to the statue of limitations for inverse condemnations
  • Takings of private ways
  • Relevance and admissibility of rezoning and incomparable sales after the date of taking
  • Public use acquisitions in England and Wales
Practical guidance in these chapters provides pointers and approaches for determining just compensation and benefits in a condemnation case. Current case law is referenced throughout to assist in evaluating the best course of action. A survey of state statutes of limitations in inverse condemnation actions is included as an appendix.