4] A taking may be found where the condemnor
engages in extreme activity which evinces an "unequivocal intent" to take the allegedly affected property.
Tide to the structures passes to the condemnor
as an incident of the entire taking.
are well served to recognize that the condemnee may have a legitimately different perspective on value from their own.
Also, working with the condemnor
early in the process can help to significantly reduce the negative impacts of the taking.
29) In Illinois, for example, a condemnor
may file a petition
hurdles may prevent the condemnor
from proceeding with development.
This reasoning, however, fails to recognize that "quick-take" is the automatic vesting of title in the condemnor
after certain procedural steps have been taken.
915 DEFRANCISCO Establishes eminent domain shall only be used for public projects; establishes after any industrial development agency approves the use of eminent domain, the county legislature or the New York city council shall vote to determine whether or not to condemn such property; establishes a condemnor
shall reimburse a condemnee any relocation costs.
Tests that insisted that the public retain control of the property, that they be permitted access or use, that the condemnor
be the government, that a certain number of individuals benefit, or that no private parties benefit, were all at one time offered and rejected as ways to distinguish public from private uses.
1966) ("[D]efendant's devotion of its land to a purpose which is encouraged and often engaged in by government itself gives it a somewhat more potent claim to judicial protection against taking of its preserve or a portion of it by arbitrary action of a condemnor
Thus Satan represents a force in the process of spiritual individuation, the struggle in the soul often between the voice of conscience as rigid judge, accuser, and condemnor
, on the one hand, and the spirit of love, mercy, and forgiveness, on the other.
73) Some states do, however, have what amounts to a liberal return policy in which a condemnor
confronted with the fiscal consequences of just compensation has the choice to decide not to go through with the purchase after all.
However, these courts allow the condemnor
to argue that the property owner suffered no damages, if the condemnor
can prove: 1) that the dedication requirement is based upon a reasonable relationship between the dedication and the activity for which the rezoning was sought; and 2) that there is a reasonable probability that the dedication would be required.
The appellate court stated that just compensation is what the owner has lost, not what the condemnor
How does a condemnor
account for costs associated with the environmental remediation of hazardous materials found on the condemned site?