Condemnation of the Whole – Why a Full Taking Involves Unique Considerations
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Condemnation of the Whole – Why a Full Taking Involves Unique Considerations

Posted January 5, 2012 at 1:34 PM

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Why a Full Taking Involves Unique Considerations That Condemnors Often Overlook

It is nearly axiomatic that a condemnor will base its initial offer of “just compensation” upon the “fair market value” of the real property being taken in its “as is,” “as used” and “as zoned” condition as of the date of take. This axiom is not intended to be derogatory towards condemnors. Rather, it simply states the obvious. Many condemnors will accept and recognize alternative uses and additional damages when those issues are persuasively presented. But it would be unusual for a condemnor to retain a land planner or other expert in advance of its initial offer, or undertake any significant analysis of the property, or the actual damages that will be suffered by the owner as a result of the taking, before its first offer of compensation is made.

View publication co-authored by MM&C Litigation attorneys, James L. Thompson and Joseph P. Suntum.

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