period of 1998 to 2002, as many as two thousand
condemnation actions per
(50) Either way, on this view, the Act should apply to
condemnation actions that are initiated so as to work an end run around legal barriers to zoning religious property.
Missouri requires all real estate appraisers to follow USPAP, (224) and, because the appraisals are required to be made by licensed or certified real estate appraisers using "generally accepted" standards,
condemnation actions should be no exception.
The court further reasoned that jurisdiction in a
condemnation action was limited to determining whether the purpose for which the property was taken was a Congressionally authorized public use.(204) It concluded that the filing of the condemnation order was not a major federal action "significantly affecting the environment."(205) In essence, the necessity of taking private property for public use is legislative in nature and the court lacks jurisdiction beyond the narrow confines of the Declaration of Taking Act.(206) For these reasons, the Ninth Circuit held that NEPA was not a defense to the taking legislation and reversed the district court decision.(207)
Fourth, in
condemnation actions the date of valuation of the taking is critical, and that date may depend on the law of the particular jurisdiction and/or matters and orders in the case itself.
In the years between 1949 and 1954, a
condemnation action commenced; the owners were told by city officials not to improve their property; several blocks adjacent to their properties were condemned and leveled by the city; they lost their tenants; their buildings deteriorated and were vandalized and burglarized; they lost their insurance; and the city made them tear down the buildings at their own expense.
The District Court of Appeal of Florida noted that, because a
condemnation action was an action in rem (against the property) rather than in personam (against the Tribe), the status of the property needed to be evaluated to see if it was protected by the Tribe's sovereignty.
Shortly after the court denied Barton's attempt to amend his pleadings in the eminent domain proceeding, Barton pursued an inverse
condemnation action against the City concerning his remaining property.
The court believed this interpretation fulfilled the public policies of reason, convenience, and economic affordability, and avoided the unsatisfactory result of requiring an applicant who had gone through the time and expense of securing private easements to bring those same people into a private road
condemnation action. The supreme court affirmed the district court's decision.
In 2008, the Ruvalcabas filed a private
condemnation action against a group of property owners referred to as the Day Group.
Eller intervened in the
condemnation action and filed an appraisal valuing its leasehold at $556,000.
In a
condemnation action, comparable sales evidence is admissible to establish the condemned property's value regardless of whether the sales took place after the taking, according to the United States Court of Appeals for the Ninth Circuit.
