Judge Or Jury? A Critical Eminent Domain Question Answered

Law360, New York (August 16, 2013, 2:02 PM EDT) -- When a public agency seeks to impose a land exaction on a planned development, the analysis of whether the proposed dedication meets the necessary "essential nexus" and "rough proportionality" tests is often cumbersome and complex.

It gets even trickier in eminent domain actions where no proposed development exists, and the parties are valuing property based on a hypothetical, highest and best use that would potentially trigger a dedication requirement.

In such situations, if the property being acquired would likely be subject to a lawful dedication, the...
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