Because the transfer of title through eminent domain is usually not a voluntary action of the condemnee
, reports of eminent domain appraisals are frequently subject to intense legal scrutiny.
concurring) ("Reversal of an erroneous conviction on appeal or on habeas, or the pardoning of an innocent condemnee
through executive clemency, demonstrates not the failure of the system but its success.
Eminent Domain [section] 351 (2011) (stating that, in eminent domain proceedings, the "burden of showing the value of the taking or the damages which the landowner or condemnee
will suffer rests on the landowner").
The mirror-image quality of the Calabresi & Melamed taxonomy makes this interpretation equally valid as the one in the text; in that case, however, there would still be a shadow Rule 2 in which the would-be condemnee
(who is made to stop the use upon the government's payment) would himself be able to continue the use (that is stop the condemnation) upon paying.
Likewise, uncompensated losses arising from pretextual condemnation might engender a heightened sense of injury in the condemnee
, who would ascribe his injury to predation rather than to the random chance of government necessity.
but fail to provide notice to the condemnee
or fall short in some other
Domain, Public Use Abandonment, and the Need for Condemnee
It does not say the condemnee
may have one or the other, but not both.
This works well for both the condemnee
and the condemnor.
915 DEFRANCISCO Establishes eminent domain shall only be used for public projects; establishes after any industrial development agency approves the use of eminent domain, the county legislature or the New York city council shall vote to determine whether or not to condemn such property; establishes a condemnor shall reimburse a condemnee
any relocation costs.
litigation results in a greater award to the condemnee
demolition certificate, publicly announce to the condemnee