The rule protects the condemnee
by assuring a just award, because in many cases the part taken would be useless and valueless if considered alone, [case citation omitted] Ultimately, whether a partial taking is a separate economic unit or should be analyzed as part of the whole property is a matter of highest and best use analysis.
In such a situation such action has been vigorously condemned as confiscatory and the condemnee
may attack the validity of the zoning ordinance in the eminent domain action and if successful require that his property be valued free of its restrictions."].)
[section] 511 ("If a condemnee
fails to file a claim within the one hundred twenty day period, his claim shall thereafter be tried upon the proof presented.").
(91.) R & J Holding, 670 F.3d at 426 (noting that the state court "held that the [state statute] does not entitle a prevailing condemnee
to compensatory damages").
Although the condemnee
eventually recovered the fees and expenses, very few private landowners are able to take on such a formidable price or time-consuming effort to protect their land.
well-established law, the court said, compensation awarded a condemnee
163, 193 (2006) (Scalia, J., 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.
In a condemnation, for example, the condemnee
could disingenuously conjure up insincere offers by the owner condemnee
's friends or relatives, who have no intention of buying, in an effort to boost the appearance of demand and property value.
Real eminent-domain reform will only occur when Americans rethink the Norman roots of property holding and revive the jury s power to interpose between the condemnor and condemnee
(37) In either case, the condemnee
who suffers the effects of condemnation blight is entitled to compensation.