Precondemnation Vs. De Facto: A Cautionary Tale

Law360, New York (September 11, 2013, 2:50 PM EDT) -- Eminent domain cases typically revolve around a "date of value" — the date on which property is valued in determining the amount of just compensation the condemning agency must pay. That date is set by statute; typically, it is the date on which the agency deposits the amount of "probable compensation" to be awarded.

But sometimes, the agency's activities, such as project planning and acquisition efforts, negatively affect the value of the property. In such circumstances, property owners may attempt to hold the agency responsible for...
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