Dedicated to Protecting Private Property Rights
“Supervariances” Can Mitigate Just Compensation Claims
The UCPA allows agencies to obtain “supervariances” that run with the land to mitigate the impacts of eminent domain takings.
EXAMPLE OF HIGHEST AND BEST USE ANALYSIS AND FUTURE DEVELOPMENT
A matter that I resolved recently is a good example of how, in condemnation, just compensation must be determined based on the highest and best use of property, which would include considering the impact on the future development of vacant land.
Example of Highest and Best Use Analysis and Future Development
A matter that I resolved recently is a good example of how, in condemnation, just compensation must be determined based on the highest and best use of property, which would include considering the impact on the future development of vacant land.
Just Compensation Must Include Payment for the Larger Parcel
The impacts of a taking must evaluate both the actual property being taken and the impacts upon the larger parcel, which could include other legally described properties.