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The court found that the legal fees were entirely for services provided in the condemnation proceedings and were not for the collection of interest.
Although no Florida court has directly addressed the effect of a future dedication requirement in a condemnation proceeding in which the owner bases a claim for compensation on the probability of rezoning or change of use, cases from other jurisdictions have squarely addressed this issue.
During inverse condemnation proceedings an appraiser is hired by the landowner to show that actions by the government have or have not destroyed or reduced the value of the property in question.
Insofar as Pennichuck claims that the "before taking" value of its property was improperly diminished by the bad faith conduct of the city prior to the initiation of the condemnation proceedings, there appears to be no reason why Pennichuck could not present such evidence in the PUC proceedings for such bearing as it may have on the issue of what constitutes just compensation for any taking that the PUC allows.
The conflicting section cited by the court requires appraisals in condemnation proceedings to comply only with "generally accepted appraisal practices.
Poling called this week for a public vote on an amendment to the City Charter requiring a six-vote council majority in support of city condemnation proceedings.
By doing so, the governor will pave the way for an equitable redevelopment of downtown El Paso without forcing property owners to sell under the threat of having their properties confiscated through condemnation proceedings.
She advises developers and municipalities in condemnation proceedings, and has negotiated payment in lieu of taxes for developers, municipalities and tax exempt entities.
Guy Weddington McCreary, one of the landowners, said he and the developer will fight the city's efforts, which could force the city to resort to condemnation proceedings.
For more than 50 years, Ackerman & Ackerman has represented property owners and business clients in eminent domain and condemnation proceedings.
Landowners whose property was declared blighted but never formally condemned can recover consequential damages if the city unduly delayed condemnation proceedings or engaged in untoward activity, according to the Supreme Court of Missouri.
Many who support public ownership of two parcels of undeveloped land in south Eugene were disappointed Monday when the Eugene City Council decided against going ahead with condemnation proceedings.