Publication Topics Archives: Condemnation blight

United States v. Miller – The Most Misunderstood Condemnation Case

By M. Robert Goldstein & Michael Rikon

April 29, 2010

This article explains common misinterpretations of the “Miller Rule”, aka the “Project Influence Rule”, which holds that when determining the value of property taken, a condemnee may not receive an enhanced value for its property where the enhancement is solely due to the property’s inclusion within the very public improvement for which it was condemned.

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Condemnation Blight and De Facto Takings – De Laus v. State of New York, a Recent Application

By Michael Rikon & Joshua H. Rikon

June 25, 2008

This article examines a common problem, called condemnation blight, also known as the “cloud of condemnation” which can hang over a property when a project is announced and thereby diminish its marketability and value over time. De Laus v. State of New York, and other cases where condemnation blight was central to the court’s decision on the issue of just compensation, are discussed.

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