Condemnation Practice Deskbook

Section 40 Basis of Replacement Property
Section 11 Persons Under Guardianship
Section 13 Implementation
Section 2 General Rule on Gains and Losses
Section 36 Conclusion
Section 44 Compensable and Noncompensable Consequential Damages in General
Section 10 Right to Possession-Statute for Writ of Possession
Section 35 Period for Replacement
Section 17 Collection Process of a Refund Judgment
Section 12 Identifiable
Section 45 Risk of Future Event to Show Consequential Damages
Section 24 Definition of I.R.C. - 1231 Gain and Loss
Section 20 Form of Petition
Section 16 Duplication of Payment-Caveat
Section 21 All Factors Affecting Value
Section 19 Burden of Proof
Section 24 What Is Compensable: Measure of Damages, Interest, and Attorney Fees
Section 34 Determination of Interest in Award and Apportionment
Section 9 Jurisdictional and Statutory Prerequisites
Section 4 Generally
Section 23 One Verdict Form and One Sum for All Owners
Section 2 Pre-Suit Requirements
Section 57 Access and Diversion of Traffic
Section 40 Appeals
Section 1 Scope of Chapter
Section 8 Lawful Authority
Section 40 Instructions
Section 5 Generally
Section 20 Burden of Proof
Section 2 Parties With a Compensable Interest
Section 6 Appraisal or Statement of Value
Section 23 Instructions
Section 39 Order of Condemnation
Section 12 Amendment of Pleadings
Section 28 Condemnation of Property Devoted to Public Use
Section 1 Introduction
Section 19 Parties
Section 34 Threat or Imminence of Condemnation
Section 11 Necessity
Section 21 Other Evidence Issues
Section 19 Amendments to Rights Acquired
Section 15 Federal Cases Analyzed
Section 5 Right of Intervention
Section 22 Denial of a Claim
Section 2 Authority to Exercise Power of Eminent Domain
Section 18 Determination and Valuation of Compensable Interests
Section 1 Nature and Scope of Commissioners' Hearing
Section 38 Consideration of Alternative Locations for Partial Takings
Section 11 Relocation Assistance and Compensation
Section 22 Special Gain and Loss Rule for Property Used in a Trade or Business and Involuntarily Converted Capital Assets
Section 25 Role of Guardian Ad Litem for Unknown Parties
Section 18 Zoning Ordinances
Section 30 Condemnors With Equal Authority
Section 15 Request for Alternative Location by Owner in Partial Taking
Section 7 Cash Basis Method
Section 4 Requests for Production
Section 15 Percentage Determination Applies in Trial of Exceptions or Settlement
Section 14 Interests of Governmental Entities
Section 7 Partial Takings
Section 18 Physically Possible
Section 6 Depositions
Section 16 Videos
Section 22 Easement of Ingress and Egress
Section 16 Amendments to the Pleadings
Section 14 Service and Notice
Section 22 Strict Construction of Delegation
Section 3 Police Power Distinguished
Section 32 Missouri's New Condemnation Scheme
Section 20 Compensable Interest and Valuation
Section 29 Definition of I.R.C. - 1250 Property
Section 19 Maps, Plats, and Survey
Section 4 Delegation of Power
Section 27 Cost to Cure
Section 7 Jurisdiction, Venue, and Change of Judge
Section 32 Condemnation Blight
Section 14 Notice of Intent to Take and Contents of Notice
Section 21 Rights Must Be Directly Affected
Section 36 Amount of Offer
Section 14 Final and Appealable Order
Section 11 Appearance or Answer
Section 43 Damages to Be Recovered From the Project
Section 8 Access to Property Before Condemnation
Section 17 Relation of Rule 71.1 to Other Law
Section 36 Claims by Landowner in Condemnation Action
Section 64 General and Special Benefits
Section 31 Filing of Exceptions
Section 30 Mandamus
Section 10 Proper Delegation
Section 24 Rights in Traffic
Section 58 Change in Road's Grade, Slope, and Visibility
Section 39 Date of Value
Section 22 Jury Trial
Section 29 Replacement Housing Payment for Tenants, Short-Term Owners, and Mobile Home Owners
Section 3 Interest
Section 8 Process
Section 19 Financially Feasible
Section 16 Dismissal of Action
Section 9 Service of Notice
Section 2 Theory of Inverse Condemnation
Section 27 Restrictive Covenants
Section 19 Order of Trial
Section 17 Prehearing Discovery
Section 8 Agreement: Good Strategy
Section 49 Failure to Expand and Frustration of Owner's Plans
Section 16 Counsel's Responsibility to Inform Clients of Possible Change in Amount of Damages
Section 14 Highest and Best Use
Section 1 Introduction and Scope
Section 11 Unity of Land
Front pages
Section 6 Heritage and Homestead Value
Section 25 Costs and Attorney Fees
Section 28 Holder of Easement
Section 42 I.R.C. - 1031: Voluntary Exchange of Property Held for Productive Use or for Investment
Forms Appendix final
Section 10 Interests of Husband and Wife
Section 43 Constitutional Charter Cities and Counties
Section 8 Procedures for Payment of Award
Section 29 Cost-of-Development and Lot-Method Approaches
Section 27 In Lieu Payment-Business and Farms
Section 42 Defined
Section 3 Just Compensation Required Under the Constitution
Section 9 Opening Statements
Section 1 Introduction and Scope of Chapter
Section 41 Other Provisions for Nonrecognition of Gain
Section 6 Constructive Receipt of Payment
Section 13 Reversionary Interests
Section 37 Right to Jury Trial
Section 25 Tenant-Owned Structures
Section 3 Negotiation and Effect of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as Amended
Section 33 Purchase Price of Subject Property
Section 51 Inconvenience Caused by Subdividing Property
Section 23 Presumption of Validity
Section 13 Good-Faith Negotiations
Section 38 Additional Use Granted by Easement Holder
Section 21 Date of Valuation
Section 4 Common Law
Section 5 Defendants' Thirty-Day Time Frame for Agreement
Section 29 Judicial Review of Legislative Determination of Blight
Section 37 Rights Upon Abandonment by Condemnor
Section 13 Unknowns
Section 25 Public Purpose
Section 1 Scope of Chapter
Section 34 Good Faith Negotiations
Section 32 Section 523.274, RSMo
Section 11 Expert Witnesses
Section 31 Project Influence Doctrine
Section 16 Final Balance
Section 2 Named Party Defendants
Section 5 Statutory Definition of Just Compensation and Fair Market Value
Section 50 Unsightliness
Section 32 Declaratory Judgment
Section 20 Denial of a Claim
Section 7 A Taking or Damaging
Section 12 Plaintiff's Right to Intervene
Section 38 Order of Trial and Burden of Proof
Section 4 Venue and Jurisdiction
Section 10 Necessary Parties
Section 55 Traffic Headlight Glare
Section 6 Named Parties to Agreement and Motion
Section 15 Legally Permissible
Section 14 Discovery
Section 6 Notice of Commissioners' Report
Section 35 Executed Sales Contract and Offers to Purchase Subject Property
Section 37 Opportunity to Obtain Owner's Own Appraisal
Section 9 Joinder of Properties
Section 22 Sales Comparison Approach
Section 27 Taxing Authorities
Section 44 Conclusion
Section 31 Distribution Issues Resulting From Recent Statutory Changes
Section 20 Interest Payments Made by Property Owner
Section 26 Cost Approach
Section 24 Verdict and Judgment
Section 31 Inconsistent or Conflicting Uses
Section 12 Commissioner as Valuation Witness
Section 28 Definition of I.R.C. - 1245 Property
Section 29 Ejectment
Section 12 Federal Relocation Act
Section 17 Nonrecognition
Section 30 Increase of Award for Homestead or Heritage Value
Section 30 Advantage of Allocation
Section 15 Fee or Easement
Section 26 Appeal of Order of Condemnation
Section 26 Reversionary Interests-Valuation
Section 7 Trial
Section 23 Leasehold for a Term of Years
Section 24 Taking of Public Use Property
Section 28 Taking Property to Address "Blight"
Section 20 Assemblage
Section 38 "Like Kind" Exception
Section 13 Application to Withdraw Deposit
Section 25 Special Rules
Section 1 Abandonment or Payment of Award
Section 59 Fear of Power Line and Pipeline Project
Section 26 Standard of Review
Section 43 I.R.C. - 121: Sale of a Principal Residence
Section 21 Responsive Pleadings
Section 9 The Motion: Good Strategy, Sometimes
Section 25 Fixed Payments for Moving Expenses-Residential Moves
Section 31 Centene Plaza Redevelopment Corp. v. Mint Properties
Section 35 Tax Considerations of Relocation Payments