Facing The Challenges Of Eminent Domain Proceedings

Law360 (January 14, 2019, 1:15 PM EST) -- Of the many things that landlords and tenants are thinking about when entering into a new lease, the possibility that the property might be subjected to eminent domain proceedings is usually very low on the list. But condemnation cases do happen, and it is important for both the landlord and tenant to consider that possibility.

Understanding what rights a tenant has under common law principles, how and when those rights are valued and how they can be modified by the terms of a condemnation clause in the lease is critical to addressing these things. It is challenging enough to face a...

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