Category: Publications

Federal Eminent Domain Procedures

In federal condemnation actions, federal substantive and procedural laws, as opposed to state law, are controlling. Federal condemnations are currently controlled by Rule 71.1, formerly FRCP 71A, of the Federal Rules of Civil Procedure.

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Calculation of Damages in Temporary Takings

The calculation of damages is of greater relevance with the recognition that damages must be paid when there are temporary takings. This article will cover the early Supreme Court precedent, then move forward to some of the issues as defined by the Federal courts. Next, the “flexible” and at other times rigorous restrictions on the compensation calculation in the State courts will be discussed. A separate portion of the article is broken out for “reserve” or “natural resource cases; temporary takings of oil and gas drilling rights or the misregulation of waste disposal rights.
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Working with Experts

The retention of an expert requires certain basic tenets, and if any are broken it is likely that the viability of a condemnation just compensation claim will be destroyed. Condemnation counsel need to follow a specific approach in dealing with the process.

The key to obtaining a decent appraiser is finding one who can fully explain and justify his valuation process to the final fact finder. However, separate and apart from the quality of the appraiser’s speaking and writing abilities are the following:

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The Federal Condemnation Framework

Every state constitution has its own application of payment derived from the principles of just compensation. The federal constitutional provision, on the other hand, applies to both federal takings and state takings. One of the seminal cases involving federal constitutional principles , Olson v. United States, is substantially referred to throughout this article because it sets forth the basic framework for payment of just compensation in federal proceedings.

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