Guide · Real Estate
Eminent Domain and Takings: A Comprehensive Guide to Public Use, Just Compensation, and Inverse Condemnation
40 U.S.C. § 3113
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-10-21
- Topic
- Real Estate
This guide covers eminent domain and takings from the first notice through judgment and appeal. It begins with the source of the condemnation power, the delegations that limit it, and the defenses that actually work, then explains why public use challenges rarely succeed under federal law and why state provisions often supply more. A full part covers valuation: fair market value, highest and best use, the larger parcel, valuation date, the project influence rule, and the three appraisal approaches. Separate parts address partial takings and severance damages, easements and temporary takings, and the treatment of tenants, lenders, and other interest holders. The guide then covers relocation assistance under the Uniform Relocation Act as a separate benefit track, and inverse condemnation including the physical and regulatory takings frameworks. Procedure, trial practice, interest, costs, and fee shifting close the guide, followed by worked problems and a reference section. Authority is cited and linked throughout.
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