November 15, 2016
Advance payments with statutory interest should be paid quickly to help mitigate the impact of eminent domain. Condemnors should pay what they are required by law, without requiring condemnees to initiate unnecessary proceedings.
Publication Topics Archives: Condemnation awards
The Burden Of Proof In A Condemnation Case
By Michael Rikon
November 2013
This article discusses which party has the burden of proof in a condemnation matter: the Court has the burden to assure that the award of the constitutional requirement of just compensation is obtained.
Damages in a Partial Taking
By Joshua H. Rikon
August 15, 2011
This article provides a comprehensive look at how damages are calculated when only a portion of a parcel is taken.
Payment of Interest on Condemnation Awards
By M. Robert Goldstein & Michael J. Goldstein
December 6, 1977
This article discusses the statutory obligation that a condemnor must pay interest on an eminent domain award at a rate of 6 percent, and describes case law attempts by condemnees to challenge the rate.
The Mortgagee as Affected by Condemnation
By M. Robert Goldstein & Michael J. Goldstein
July 1, 1975
This article discusses what impact a condemnation proceeding has on a mortgage, which is governed by the fundamentals of the relationships of the parties in a condemnation proceeding.