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.

Eminent Domain and Takings: A Comprehensive Guide to Public Use, Just Compensation, and Inverse Condemnation

Real Estate > Eminent Domain and Takings | Published 21 October 2023 - Updated 9 February 2025 | UpLaw - uplaw.us

Orientation

Condemnation is a civil case with an unusual structure. Liability is effectively conceded, the plaintiff must pay whatever the fact-finder determines, and the entire contest is valuation. Understanding that shape early saves owners from spending their resources on the argument they cannot win.

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