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Expert Analysis

Calif. High Court Wrestles With Eminent Domain Doctrines

Law360, New York (June 13, 2016, 11:50 AM EDT) -- "The government is not entitled to free land." So began the argument by council for the landowner in the long awaited oral argument to the California Supreme Court in City of Perris v. Stamper, No. S213468. As self-evident as it may seem, this statement was merely prologue to the more difficult issue before the court: What is the measure of "just compensation" for land condemned for a new road project when, in the future, the government may have required the owner to dedicate the very same land for the very same roadway project; and who decides whether the dedication requirement is reasonably probable and constitutional, the judge or jury?...

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