Florida Eminent Domain Practice and Procedure

ISBN-10: 1630439975
ISBN-13: 9781630439972
Category: Law
Language: English
Published: 2014-05-28
Publisher: LexisNexis
Author: Ralph E. Boyer

Description

When can government "take" private property for a "public purpose"? Can private property owners obtain restitution for partial takings and business damages? This manual is a comprehensive treatment of current legal practice, including detailed review of proceedings from both the condemnor's and condemnee's perspective. Highlights of the latest edition: • Discussion of: • practical considerations for ongoing negotiations during trialpossible amendment to jury instruction re: business damages (qualified partial taking/relocation) • FDOT's incentive program to reduce project time and cost • IRS's interpretation of facts re: replacement property/period, expenses incurred in defense of condemnation proceeding, and "rental" income generated by temporary condemnation • Revisions to: • list of statutes authorizing or limiting power of eminent domain • checklist for initial client conference • Bert J. Harris, Jr., Private Property Rights Protection Act • Fla.R.Civ.P. 1.525 re: taxing fees and costs • inverse condemnation discussion • New case law addressing issues such as: • substantive and procedural due process and equal protection • prejudgment interest in inverse condemnation cases • bad faith actions to improve property in order to enhance award • compensation for taking of trees and crops • whether Uniform Relocation Assistance Act provides private right of action for money damages • Updated forms, and new forms for mediated settlement agreement for fees and costs, and case management order for complex eminent domain litigation This eBook features links to Lexis Advance for further legal research options.

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