Section 21 Responsive Pleadings

• Library: Condemnation Practice 2009

All motions and responsive pleadings available to a defendant in an ordinary damage suit are also available to a putative condemnor. Motions may be filed, general denials made, affirmative defenses set forth, and counterclaims asserted. Actions brought after the period of limitations would be defeated for that reason, and a previously obtained easement would provide a complete defense.

When an action other than inverse condemnation is brought, it appears that a condemnation proceeding could be asserted by...