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Condemnation of Easements

Posted January 3, 2012 at 1:28 PM

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The condemnation of easements by public agencies and privately owned public utilities presents a series of special legal and appraisal problems for the property owners and their counsel. It is important to understand the nature of easements and the differences between the acquiring agencies (the condemnors) in the easement area. This paper will explore some of the problems and possible solutions when easements are condemned and created for the benefit of the condemnor and also when pre-existing, privately held easements are condemned or interfered with by the condemning authority. Issues unique to easements plus valuation and apportionment will be considered as well as strategic and trial issues that are impacted in this process. This discussion will cover some of the various phases involved in the taking of an easement from the point of view of the landowner's attorney.

View ALI-ABA COURSE OF STUDY MATERIALS Eminent Domain and Land Valuation Litigation authored by James L. Thompson.